This NDA For Suppliers is essential for businesses operating in the Netherlands that need to share confidential information with their suppliers during the course of business relationships. The document is specifically structured to comply with Dutch legal requirements, including the Dutch Civil Code, Trade Secrets Protection Act, and where applicable, GDPR requirements. It should be used before engaging in detailed discussions or collaborations with suppliers where sensitive information needs to be shared, such as product specifications, manufacturing processes, business strategies, or customer data. The agreement provides comprehensive protection while remaining adaptable to various supplier relationships and industry contexts, incorporating both mandatory Dutch legal provisions and practical commercial considerations.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the supplier), including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized third parties
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies under Dutch law
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Section addressing GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Section clarifying IP ownership and rights when confidential information includes IP
3. Non-Competition: Additional restrictions on competitive activities, if relevant to the supplier relationship
4. Audit Rights: Rights to audit supplier's compliance with confidentiality obligations, particularly relevant for high-risk relationships
5. Insurance Requirements: Obligations to maintain specific insurance coverage for potential confidentiality breaches
6. Force Majeure: Provisions for handling confidential information during force majeure events
7. Assignment and Subcontracting: Rules for transferring obligations or involving subcontractors, if relevant to the supplier relationship
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors who may access confidential information (if applicable)
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