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Real Estate Confidentiality Agreement

Real Estate Confidentiality Agreement Template for Netherlands

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Key Requirements PROMPT example:

Real Estate Confidentiality Agreement

"I need a Real Estate Confidentiality Agreement under Dutch law for a potential sale of a multi-tenant office building in Amsterdam, where we'll be sharing sensitive tenant information and financial records with multiple international investment funds during Q2 2025."

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Document background
A Real Estate Confidentiality Agreement is essential when parties are considering or engaging in property-related transactions in the Netherlands. This document becomes necessary during the initial stages of real estate negotiations, due diligence processes, or when sharing sensitive information about properties, their financial performance, tenant details, or development plans. The agreement ensures compliance with Dutch legal requirements, including the Dutch Civil Code and privacy laws, while protecting commercially sensitive information. It is particularly important given the transparent nature of the Dutch real estate market and the need to maintain confidentiality around proprietary information, pricing strategies, and competitive aspects of property transactions.
Suggested Sections

1. Parties: Identification of the disclosing party (typically property owner/agent) and receiving party

2. Background: Context of the potential real estate transaction and purpose of sharing confidential information

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Property', 'Permitted Purpose', and 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context

5. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives and advisors

7. Security Measures: Required measures for protecting confidential information

8. Return or Destruction of Information: Obligations regarding confidential information after termination or upon request

9. Duration of Obligations: Time period for which confidentiality obligations remain in effect

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

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Site Visits and Physical Access: Used when physical access to the property will be required, detailing conditions and obligations during site visits

2. Data Room Provisions: Include when using a virtual data room for sharing property information

3. Non-Solicitation: Add when there's a need to prevent approaching employees, tenants, or other related parties

4. Exclusivity Period: Include if granting exclusive rights to negotiate for a specific period

5. Press Announcements: Add for high-profile properties where public announcements need to be controlled

6. Costs: Include when there are significant costs related to information sharing or due diligence

7. GDPR Compliance: Add detailed privacy provisions when personal data is involved

8. Anti-Money Laundering Compliance: Include for high-value transactions requiring specific AML compliance

Suggested Schedules

1. Property Details: Specific description of the property and related assets covered by the agreement

2. Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Security Protocols: Detailed procedures for handling and protecting confidential information

4. Data Room Rules: If applicable, rules and procedures for virtual data room access

5. Permitted Purpose Details: Detailed description of the permitted use of confidential 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
Relevant legal definitions
Agreement
Affiliate
Authorized Representatives
Business Day
Confidential Information
Data Protection Laws
Disclosing Party
Due Diligence
Effective Date
Group
Information
Permitted Purpose
Property
Property Information
Receiving Party
Representatives
Security Requirements
Site Visit
Term
Transaction
Virtual Data Room
Personal Data
Professional Advisors
Related Persons
Damages
Technical Information
Financial Information
Commercial Information
Trade Secrets
Proprietary Information
Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Healthcare Real Estate

Office Space

Logistics and Warehousing

Mixed-use Development

Construction

Property Development

Real Estate Investment

Property Management

Relevant Teams

Legal

Real Estate

Investments

Asset Management

Property Management

Acquisitions

Due Diligence

Compliance

Risk Management

Portfolio Management

Transaction Management

Development

Valuations

Relevant Roles

Real Estate Director

Property Manager

Investment Manager

Legal Counsel

Real Estate Broker

Development Manager

Asset Manager

Acquisition Manager

Portfolio Manager

Real Estate Analyst

Transaction Manager

Due Diligence Specialist

Property Valuation Specialist

Real Estate Investment Officer

Compliance Officer

Risk Manager

Industries
Dutch Civil Code Book 6 (Contract Law): Contains general provisions on contract formation, validity, and enforcement of contractual obligations, including confidentiality provisions
Dutch Civil Code Book 7 (Special Agreements): Specific provisions regarding real estate transactions and related agreements
GDPR (AVG in Netherlands): European privacy legislation implemented in Dutch law, governing the processing and protection of personal data that might be included in the confidential information
Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen): Legislation protecting confidential business information and trade secrets, implementing EU Directive 2016/943
Dutch Competition Act (Mededingingswet): Relevant for ensuring the confidentiality agreement doesn't contain provisions that could be considered anti-competitive
Dutch Civil Code Book 3 (Property Law): Basic principles of property law that may affect the scope of confidential information related to real estate
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Relevant for due diligence requirements and information sharing in real estate transactions
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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