The Disclosure Agreement Form is a critical legal instrument used in the Netherlands when parties need to share confidential or sensitive information while ensuring its protection. This document is essential in various business contexts, from preliminary discussions about potential partnerships to detailed technical collaborations. It is specifically designed to comply with Dutch legal requirements, including the Dutch Civil Code, GDPR (AVG), and the Trade Secrets Act. The agreement provides a framework for defining confidential information, establishing usage restrictions, and setting out clear obligations for information handling and security measures. It's particularly relevant in today's digital business environment where data protection and information security are paramount concerns.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details
2. Background: Context of the disclosure relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with third parties
7. Term and Survival: Duration of the agreement and obligations that continue after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available legal remedies
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights when technical or proprietary information is shared
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Compliance with export control laws for international transfers of technical information
5. Competitive Activity: Restrictions on competitive activities during the term of disclosure
6. Securities Trading: Restrictions on securities trading if disclosed information could affect market prices
7. Force Majeure: Provisions for handling disclosure obligations during extraordinary circumstances
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Disclosure Log: Template for tracking specific disclosures made under the agreement
5. Appendix A - Special Handling Instructions: Any special procedures or requirements for specific types of confidential information
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