This document serves as a Non-Mutual NDA governed by Dutch law, essential for situations where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. The agreement is particularly relevant for business negotiations, due diligence processes, service provider relationships, or potential partnerships where unilateral information sharing is required. It incorporates provisions from the Dutch Civil Code and Trade Secrets Act, ensuring comprehensive protection of confidential information while remaining compliant with Dutch legal requirements. The document includes detailed obligations for handling confidential information, security measures, and consequences of breach, making it suitable for both domestic Dutch operations and international business relationships governed by Dutch law.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names and registered addresses
2. Background: Brief context of why the NDA is needed and the purpose of the disclosure
3. Definitions: Definitions of key terms including 'Confidential Information', 'Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
5. Permitted Use: Specific permitted purposes for which the confidential information may be used
6. Security Measures: Required security measures and standards for protecting confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, and amendments
1. Personal Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Added when necessary to clarify ownership of IP rights in shared information
3. Representatives and Third Parties: Detailed section needed when receiving party needs to share information with specific employees or advisors
4. Export Control: Required when confidential information is subject to export control regulations
5. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship
6. Residual Rights: Optional clause addressing use of residual knowledge, if applicable to the industry or relationship
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
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 required for handling confidential information
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