NDA Data Protection Template for Netherlands

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Key Requirements PROMPT example:

NDA Data Protection

"I need a Data Protection NDA under Dutch law for a cloud software vendor who will process our customer data and employee information starting March 2025; they're based in Germany but will process data in both the Netherlands and Germany."

Document background

This Data Protection NDA template is designed for use in the Netherlands when parties need to share both confidential business information and personal data in compliance with Dutch law and GDPR requirements. The document is particularly relevant for business relationships where one party will be processing personal data on behalf of another, or where both parties need to share personal data as part of their collaboration. It combines the traditional elements of an NDA with specific data protection provisions required under Dutch and EU law. This template should be used when standard NDAs are insufficient due to the presence of personal data processing activities. The document addresses key GDPR principles, security requirements, data breach notifications, and confidentiality obligations, making it suitable for various business arrangements ranging from vendor relationships to strategic partnerships.

Suggested Sections

1. Parties: Identification of the data controller, data processor, and/or parties exchanging confidential information

2. Background: Context of the agreement, relationship between parties, and purpose of data processing/sharing

3. Definitions: Definitions of key terms including Personal Data, Confidential Information, Processing, Data Subject, Security Breach, etc.

4. Scope and Purpose: Detailed description of permitted data processing activities and use of confidential information

5. Confidentiality Obligations: Core confidentiality requirements, non-disclosure obligations, and permitted disclosures

6. Data Protection Obligations: GDPR compliance requirements, data processing principles, and security measures

7. Security Measures: Technical and organizational measures required to protect confidential information and personal data

8. Data Breach Notification: Procedures and timeframes for reporting security incidents and data breaches

9. Return or Destruction of Data: Obligations regarding confidential information and personal data upon termination

10. Term and Termination: Duration of the agreement and termination provisions

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

Optional Sections

1. Sub-processors: Required when the receiving party may engage sub-processors for data processing

2. International Data Transfers: Needed when personal data may be transferred outside the EEA

3. Intellectual Property Rights: Include when confidential information includes IP-protected materials

4. Audit Rights: Optional section for when regular audits of data protection measures are required

5. Insurance Requirements: Include when specific insurance coverage for data protection is required

6. Employee and Contractor Obligations: Required when the agreement needs to address obligations of staff members

7. Data Subject Rights: Detailed procedures for handling data subject requests when relevant to both parties

Suggested Schedules

1. Schedule 1 - Types of Personal Data: Detailed list of personal data categories being processed

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors if applicable

4. Schedule 4 - Data Processing Activities: Detailed description of specific processing activities

5. Appendix A - Security Breach Response Plan: Detailed procedures for handling security incidents

6. Appendix B - Data Retention Schedule: Specific retention periods for different types of data

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

Relevant legal definitions

Clauses

Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

E-commerce

Telecommunications

Education

Insurance

Manufacturing

Retail

Consulting

Research and Development

Human Resources

Marketing Services

Cloud Computing

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Operations

Human Resources

Procurement

Data Protection

Privacy

Information Technology

Business Development

Commercial

Vendor Management

Corporate Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Risk Manager

Operations Manager

Project Manager

Business Development Manager

Procurement Manager

Human Resources Director

Commercial Director

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