The Technology Non Disclosure Agreement is essential for organizations sharing sensitive technical information, innovations, or trade secrets in the Netherlands. This document is particularly crucial when engaging in technology partnerships, R&D collaborations, software development projects, or technical consultancy arrangements. It incorporates specific requirements from Dutch law, including the Dutch Trade Secrets Act and relevant EU regulations, while addressing modern technical data protection needs. The agreement is designed to protect various forms of technical information, including software code, technical specifications, research data, development methodologies, and technical know-how. It includes comprehensive provisions for digital security measures and data handling protocols, making it suitable for both traditional and digital forms of technical information exchange.
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Key Requirements PROMPT example:
Technology Non Disclosure Agreement
"I need a Technology Non Disclosure Agreement under Dutch law for a software development collaboration with a US-based AI company, with special emphasis on source code protection and cloud security measures."
1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Definitions of key terms including 'Confidential Information', 'Technical Data', 'Trade Secrets', 'Authorized Recipients', and 'Security Measures'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on technical specifications, know-how, and innovations
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized parties
7. Security Measures: Required technical and organizational 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 Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Digital Security Protocols: Specific requirements for digital storage and transmission of confidential information, recommended for agreements involving electronic data exchange
2. Intellectual Property Rights: Explicit provisions regarding IP ownership and rights, needed when technical information might involve patentable innovations
3. Data Protection Compliance: GDPR compliance provisions, required when confidential information includes personal data
4. Export Control: Provisions regarding international transfer of technical data, needed for cross-border technology sharing
5. Audit Rights: Rights to audit compliance with security measures, recommended for high-value technical information
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk technical information
7. Survival of Obligations: Specific provisions about which obligations survive termination, recommended for long-term technical secrets
1. Schedule 1 - Description of Technical Information: Detailed categorization and description of the technical information covered
2. Schedule 2 - Security Protocols: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Recipients: List of pre-approved individuals or roles who may access the confidential information
4. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and transmitting confidential technical data
5. Appendix B - Incident Response Plan: Procedures to follow in case of suspected or actual breach
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Electronics Manufacturing
Biotechnology
Research & Development
Artificial Intelligence
Cloud Computing
Industrial Automation
Semiconductor Industry
Clean Technology
Digital Healthcare
FinTech
Internet of Things
Cybersecurity
Relevant Teams
Legal
Information Technology
Research & Development
Software Development
Information Security
Innovation
Product Development
Technical Operations
Intellectual Property
Engineering
Data Protection
Solution Architecture
Relevant Roles
Chief Technology Officer
Technical Director
R&D Manager
Software Development Manager
IT Security Officer
Innovation Manager
Technical Project Manager
Systems Architect
Lead Developer
Research Director
Technical Consultant
IP Counsel
Information Security Manager
Product Development Manager
Technology Partnership Manager
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