Non Disclosure Agreement Data Protection Template for Netherlands

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Key Requirements PROMPT example:

Non Disclosure Agreement Data Protection

"I need a Non Disclosure Agreement Data Protection to be used with our new cloud service provider based in Amsterdam, who will be processing customer data and providing AI-driven analytics services starting March 2025; the agreement must include provisions for international data transfers as they have data centers in Ireland."

Document background
This Non Disclosure Agreement Data Protection template is essential for organizations operating in the Netherlands that need to share confidential information while ensuring compliance with data protection regulations. The document is particularly relevant when parties need to exchange or process personal data as defined under the GDPR, requiring additional safeguards beyond standard confidentiality provisions. It incorporates requirements from the Dutch GDPR Implementation Act (UAVG), the Dutch Civil Code, and EU data protection regulations. This agreement should be used when one party will be sharing or processing personal data on behalf of another, especially in scenarios involving sensitive data processing, cross-border data transfers, or when engaging with third-party service providers who will have access to personal data. The document includes specific provisions for data breach notification, data subject rights, and technical security measures as required under Dutch and EU law.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details

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

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, and other GDPR-specific terminology

4. Scope and Purpose of Processing: Clear definition of what information is covered and permitted purposes for data processing

5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions, security measures, and standard of care

6. Data Protection Obligations: GDPR-specific obligations, including lawful processing, data minimization, 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 data breaches

9. Return or Destruction of Information: Requirements for handling confidential information and personal data upon termination

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

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

Optional Sections

1. International Data Transfers: Required when personal data may be transferred outside the EEA, including requirements for adequate safeguards

2. Subprocessing: Include when the receiving party may need to engage subprocessors to handle the confidential information or personal data

3. Audit Rights: Include for agreements where regular audits of data protection compliance may be necessary

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

5. Intellectual Property Rights: Include when confidential information includes IP-sensitive materials

6. Employee and Contractor Obligations: Include when the receiving party needs to extend obligations to its staff

7. Competition Restrictions: Include when the confidential information relates to competitive business activities

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed

2. Schedule 2 - Technical and Organizational Security Measures: Detailed description of required security measures and controls

3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors if applicable

4. Schedule 4 - Data Processing Details: Detailed information about processing activities, including purpose, duration, and nature of processing

5. Appendix A - Contact Details: Contact information for key personnel, including Data Protection Officers and emergency contacts

6. Appendix B - Standard Contractual Clauses: If applicable, EU Standard Contractual Clauses for international data transfers

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

Relevant legal definitions
Relevant Industries

Information Technology

Healthcare

Financial Services

Professional Services

Research & Development

E-commerce

Telecommunications

Education

Insurance

Pharmaceuticals

Manufacturing

Human Resources Services

Marketing Services

Cloud Computing

Data Analytics

Relevant Teams

Legal

Compliance

Information Security

IT

Data Protection

Risk Management

Procurement

Human Resources

Operations

Information Management

Project Management

Business Development

Research & Development

Privacy Office

Vendor Management

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

Procurement Manager

Contract Manager

Project Manager

Business Development Manager

HR Director

Operations Manager

Industries
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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