Confidentiality Form Template for Netherlands

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Key Requirements PROMPT example:

Confidentiality Form

"I need a Confidentiality Form under Dutch law for a technology startup sharing sensitive software development information with an external consulting firm, with specific provisions for source code protection and a two-year confidentiality period starting March 2025."

Document background

The Confidentiality Form is an essential legal instrument in Dutch business practice, used to safeguard proprietary and sensitive information shared between parties. This document is particularly crucial in the Netherlands' open business environment, where international commerce and knowledge-sharing are common. The agreement should be used whenever confidential information needs to be shared with external parties or employees, ensuring protection under Dutch law and compliance with EU regulations, particularly GDPR. The document typically covers definition of confidential information, permitted uses, security requirements, duration of confidentiality obligations, and enforcement mechanisms. Given the Netherlands' strong focus on data protection and privacy, this Confidentiality Form incorporates specific provisions required by Dutch legislation and European Union regulations.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details (KvK numbers for Dutch companies)

2. Background: Context of the agreement, explaining the purpose of sharing confidential information and the relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Use and Disclosure: Specific circumstances under which the confidential information may be used or disclosed

7. Security Measures: Required measures to protect confidential information, including technical and organizational measures

8. Term and Survival: Duration of the agreement and which obligations survive termination

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Specific section addressing GDPR compliance when personal data is involved

2. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP

3. Non-Solicitation: Prohibition on soliciting employees or customers, included when there's a business relationship context

4. Audit Rights: Right to audit compliance with confidentiality obligations, typically included for high-sensitivity information

5. Insurance Requirements: Obligations to maintain specific insurance coverage, included for high-value confidential information

6. Parent Company Guarantee: Guarantee from parent company when dealing with subsidiaries

7. Specific Security Protocols: Detailed security requirements for specific types of sensitive information or industry requirements

Suggested Schedules

1. Description of Confidential Information: Detailed list or categories of confidential information covered

2. Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Security Requirements: Specific technical and organizational security measures required

4. Approved Subcontractors: List of approved third parties who may receive the confidential information

5. Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

Authors

Alex Denne

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

alex.den.21@genieai.co

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