The Confidentiality And Non Solicitation Agreement is essential in business relationships where sensitive information is shared and protection of business interests is crucial. This document is particularly relevant under Dutch law, which provides strong protections for trade secrets and confidential information while balancing fair competition principles. The agreement is commonly used in business transactions, potential partnerships, employment relationships, and corporate collaborations. It includes provisions for protecting confidential information, trade secrets, and intellectual property, while also preventing the solicitation of employees, customers, and business relations. The document ensures compliance with Dutch legal requirements, including the Civil Code (Burgerlijk Wetboek), Trade Secrets Protection Act, and relevant EU regulations, while maintaining enforceability within the Dutch legal framework.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', and other relevant terms
4. Confidentiality Obligations: Detailed obligations regarding handling, protection, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or business relations of the other party
7. Duration: Term of the agreement and survival periods for different obligations
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon request or termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Specific provisions for handling personal data under GDPR, required when confidential information includes personal data
2. Third Party Rights: Provisions regarding rights of third parties, needed when confidential information belongs to affiliates or other third parties
3. Non-Competition: Additional restrictions on competitive activities, included when broader protection is required
4. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-sensitivity information
5. Insurance: Requirements for insurance coverage, relevant for high-value confidential information
6. Force Majeure: Provisions for extraordinary circumstances, included when long-term obligations are involved
7. Assignment and Succession: Rules for transferring rights and obligations, important for corporate parties
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Restricted Entities: List of specific entities covered by non-solicitation provisions
5. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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