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Financial Disclosure Agreement

Financial Disclosure Agreement Template for Netherlands

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Key Requirements PROMPT example:

Financial Disclosure Agreement

"I need a Financial Disclosure Agreement under Dutch law for my fintech startup sharing financial data with a potential investor in Germany, with specific provisions for GDPR compliance and cross-border data transfers, to be effective from March 2025."

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Document background
A Financial Disclosure Agreement is essential in situations where parties need to share sensitive financial information while ensuring legal protection and regulatory compliance under Dutch law. This document is commonly used in various business contexts such as mergers and acquisitions, investment transactions, auditing processes, and financial advisory services. The agreement addresses key aspects including the scope of financial information, confidentiality obligations, data protection measures (compliant with GDPR and Dutch financial regulations), and specific requirements under the Dutch Financial Supervision Act (Wft). It's particularly crucial when dealing with material non-public information, financial projections, business valuations, or other sensitive financial data that requires strict confidentiality and careful handling.
Suggested Sections

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

2. Background: Context of the agreement, purpose of financial disclosure, and relationship between the parties

3. Definitions: Detailed definitions of key terms including 'Financial Information', 'Confidential Information', 'Permitted Purpose', and other relevant terms

4. Scope of Financial Information: Detailed description of the types of financial information covered by the agreement

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

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

7. Data Protection and Security: Measures required to protect financial information, including GDPR compliance requirements

8. Return or Destruction of Information: Procedures for handling financial information upon termination or request

9. Duration and Termination: Term of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach and available remedies under Dutch law

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. International Transfers: Required when financial information may be transferred outside the Netherlands/EU, addressing cross-border data protection requirements

2. Group Company Provisions: Included when either party needs to share information with affiliated companies

3. Regulatory Compliance: Specific section for regulated entities subject to additional financial supervision requirements

4. Audit Rights: Optional provisions allowing the disclosing party to audit the receiving party's compliance

5. Insurance Requirements: Specific insurance obligations for handling sensitive financial information

6. Third-Party Rights: Provisions regarding the rights of third parties under Dutch law

7. Force Majeure: Provisions for unforeseen circumstances affecting compliance with the agreement

Suggested Schedules

1. Schedule 1 - Categories of Financial Information: Detailed list and description of all financial information types covered by the agreement

2. Schedule 2 - Security Measures: Specific technical and organizational measures required for protecting the financial information

3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the financial information

4. Schedule 4 - Data Processing Requirements: Detailed GDPR-compliant data processing obligations and procedures

5. Schedule 5 - Reporting Requirements: Templates and procedures for mandatory reporting of information usage

6. Appendix A - Contact Details: Contact information for key personnel responsible for managing the disclosure relationship

7. Appendix B - Information Handling Procedures: Step-by-step procedures for handling, storing, and transmitting financial information

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Confidentiality
Data Protection
Financial Information Access
Information Security
Permitted Use
Non-Disclosure
Return of Information
Regulatory Compliance
Breach Notification
Remedies
Term and Termination
Representatives and Authorities
Information Handling
Audit Rights
Governing Law
Jurisdiction
Force Majeure
Assignment
Third Party Rights
Entire Agreement
Severability
Notices
Amendments
Waiver
Counterparts
Dispute Resolution
Indemnification
Insurance
Records Retention
Cross-Border Transfers
Relevant Industries

Financial Services

Banking

Investment Management

Professional Services

Corporate Finance

Insurance

Real Estate

Private Equity

Venture Capital

Manufacturing

Technology

Healthcare

Energy

Telecommunications

Retail

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Treasury

Audit

Data Protection

Investment

Corporate Finance

Mergers & Acquisitions

Financial Control

Executive Leadership

Information Security

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Chief Executive Officer

Financial Controller

Finance Director

Investment Manager

Corporate Lawyer

Legal Counsel

Compliance Officer

Risk Manager

Financial Analyst

Investment Banker

Due Diligence Specialist

Corporate Development Manager

Treasury Manager

Audit Manager

Data Protection Officer

Privacy Officer

M&A Director

Investment Director

Finance Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): Provides the fundamental framework for contract law in the Netherlands, including formation, execution, and enforcement of contracts (particularly Book 6 on General Contract Law)
EU General Data Protection Regulation (GDPR): Regulates the processing and protection of personal data, which is crucial when handling financial information that may contain personal details
Dutch Financial Supervision Act (Wet op het financieel toezicht - Wft): Governs financial services and institutions in the Netherlands, including disclosure requirements and financial reporting obligations
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Sets requirements for financial transparency and reporting to prevent money laundering and terrorist financing
Dutch Corporate Law (Book 2 of the Civil Code): Governs corporate entities and their disclosure obligations, particularly relevant for corporate financial information
Market Abuse Regulation (MAR): EU regulation implemented in Dutch law regarding insider trading and market manipulation, crucial for financial disclosure requirements
Dutch Personal Data Protection Act Implementation Law (Uitvoeringswet AVG): National implementation of GDPR, providing specific Dutch requirements for personal data protection
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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