This Information Technology Non Disclosure Agreement is essential for businesses operating in the Netherlands that need to protect sensitive technical and business information in IT-related transactions or partnerships. The document is particularly relevant when sharing software source code, technical specifications, system architectures, API documentation, or other IT-related confidential information. It is drafted in compliance with Dutch contract law, the Dutch Trade Secrets Protection Act, and EU regulations including GDPR. The agreement is commonly used in software development projects, IT consulting engagements, technology partnerships, and system integration projects where proprietary technical information needs to be shared. It includes specific provisions addressing unique IT sector concerns such as source code protection, technical documentation confidentiality, and data security requirements.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and the nature of the business relationship
3. Definitions: Definition of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions relating to GDPR and Dutch data protection law compliance, required when personal data is involved
2. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors
3. Source Code Protection: Specific provisions for protecting software source code, needed when software code will be shared
4. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, particularly relevant for software or technical information
5. Competitive Activity Restrictions: Provisions restricting use of information for competitive purposes, when relevant to business context
6. Audit Rights: Rights to audit compliance with the NDA, useful for high-sensitivity information
7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information
8. Export Control: Provisions dealing with export control regulations, needed when information might be subject to export restrictions
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Information Handling Procedures: Detailed procedures for marking, storing, transmitting, and destroying confidential information
5. Schedule 5 - Sub-processors: List of approved sub-processors or third parties who may handle the confidential information
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