The Mutual Non Circumvention Non Disclosure Agreement (MNCNDA) is essential for business transactions under Dutch law where parties need to protect both confidential information and valuable business relationships. This document is particularly crucial when parties are sharing sensitive commercial information, discussing business opportunities, or engaging in negotiations where intermediaries are involved. The agreement, governed by Dutch law and compliant with EU regulations, prevents parties from bypassing established business relationships while also protecting confidential information from unauthorized disclosure. It's commonly used in international trade, business introductions, joint ventures, and other commercial arrangements where trust and confidentiality are paramount. The document includes specific provisions for both non-circumvention and non-disclosure, making it more comprehensive than a standard NDA.
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1. Parties: Identification of all parties entering into the agreement, including full legal names, registration details, and addresses
2. Background: Context of the agreement, explaining the business relationship and purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Business Relationship', 'Circumvention', 'Affiliated Parties', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Non-Circumvention Obligations: Commitments not to bypass or circumvent relationships, contacts, or business opportunities
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required measures for protecting confidential information
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Specific provisions for handling personal data under GDPR - include when confidential information includes personal data
2. Intellectual Property Rights: Provisions clarifying IP ownership and licenses - include when confidential information includes IP
3. Non-Solicitation: Provisions preventing solicitation of employees or clients - include for business relationships involving key personnel
4. Competing Activities: Restrictions on competing activities - include when parties may be competitors
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements
6. Assignment: Rules about transferring rights under the agreement - include when parties likely to undergo corporate changes
7. Costs: Allocation of costs related to the agreement - include when significant costs expected in maintaining confidentiality
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Protected Business Relationships: List of specific business relationships, contacts, or opportunities protected under non-circumvention
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Schedule 5 - Territories: Geographic territories covered by non-circumvention provisions
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