Model Confidentiality Agreement

Model Confidentiality Agreement Template for Netherlands

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Key Requirements PROMPT example:

"I need a Model Confidentiality Agreement under Dutch law for a potential technology partnership with a US-based AI company, with specific provisions for source code protection and data processing requirements, to be completed by March 2025."

Document background

This Model Confidentiality Agreement serves as a standardized template for protecting confidential information in business relationships under Dutch law. It is designed for use in various scenarios including business negotiations, service provider relationships, joint ventures, and potential investments or acquisitions. The agreement incorporates key requirements from Dutch legislation, including the Civil Code and Trade Secrets Protection Act, while maintaining flexibility to adapt to specific business needs. It covers essential elements such as the definition of confidential information, security requirements, permitted uses, and breach remedies, all structured to ensure enforceability in the Dutch legal system. This template is particularly valuable when parties need to exchange sensitive business, technical, or commercial information while ensuring legal protection under Dutch jurisdiction.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses

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', 'Representatives', 'Permitted Purpose', 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 non-disclosure, non-use, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Security Measures: Specific measures required 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 provisions that survive termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR/AVG

2. Representatives and Authorized Personnel: Detailed section when multiple individuals or teams will have access to confidential information

3. Industry-Specific Requirements: Additional provisions required for specific industries (e.g., financial services, healthcare)

4. Intellectual Property Rights: Specific provisions when confidential information includes IP or when IP might be created during the relationship

5. Export Control: Required when confidential information may be subject to export control regulations

6. Competitive Restrictions: Non-compete or non-solicitation provisions, if relevant to the business relationship

7. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly in regulated industries

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of authorized representatives who may access confidential information

4. Schedule 4 - Information Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees

6. Appendix B - Data Breach Notification Procedure: Procedures to be followed in case of actual or suspected breach

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Retail

Education

Construction

Media & Entertainment

Relevant Teams

Legal

Executive Leadership

Human Resources

Information Technology

Research & Development

Business Development

Procurement

Compliance

Risk Management

Information Security

Operations

Finance

Corporate Development

Project Management Office

Relevant Roles

Legal Counsel

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Project Manager

Research Director

Human Resources Director

Procurement Manager

Investment Manager

Operations Manager

Compliance Officer

Contract Manager

Information Security Officer

Risk Manager

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Let's create your Model Confidentiality Agreement

Authors

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