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Reciprocal NDA

Reciprocal NDA Template for Netherlands

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Key Requirements PROMPT example:

Reciprocal NDA

"I need a Reciprocal NDA governed by Dutch law for a software development collaboration project starting January 2025, with specific provisions for source code protection and cloud security protocols."

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Document background
This Reciprocal NDA is designed for situations where two or more parties need to share confidential information while ensuring mutual protection under Dutch law. It is commonly used during business negotiations, due diligence processes, joint ventures, or collaborative projects where sensitive information needs to be exchanged. The document incorporates requirements from Dutch contract law, the Trade Secrets Protection Act, and EU GDPR regulations, making it suitable for both domestic Dutch transactions and cross-border arrangements where Dutch law is chosen. The agreement provides comprehensive protection for various types of confidential information, including trade secrets, technical data, business strategies, and personal data, while ensuring compliance with Dutch legal standards for enforceability.
Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including full legal names, registered addresses, and registration numbers

2. Background: Context of the agreement, including the purpose of sharing confidential information and the mutual nature of the disclosure

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

7. Security Measures: Required security measures for protecting confidential information

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

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

10. Survival of Obligations: Specification of obligations that continue after termination

11. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes

Optional Sections

1. Data Protection: Required when confidential information includes personal data subject to GDPR/AVG

2. Intellectual Property Rights: Needed when shared information includes or relates to IP rights

3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship

4. Specific Project Requirements: When the NDA relates to a specific project or transaction

5. Competition Law Compliance: When parties are competitors or operating in the same market

6. Export Control: When confidential information may be subject to export control regulations

7. Force Majeure: When parties want to address circumstances preventing compliance

8. Assignment and Subcontracting: When transfer of rights or obligations needs to be addressed

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Schedule 4 - Categories of Confidential Information: Detailed categorization of different types of confidential information covered

5. Appendix A - Notice Requirements: Contact details and procedures for required notices under the agreement

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 Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Research and Development

Biotechnology

Software Development

Consulting

Real Estate

Energy

Telecommunications

Retail

Education

Media and Entertainment

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Human Resources

Finance

Operations

Information Technology

Procurement

Sales

Corporate Strategy

Product Development

Innovation

Mergers and Acquisitions

Information Security

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Technology Officer

Project Manager

Research Director

Product Manager

Human Resources Director

Chief Financial Officer

Operations Manager

Innovation Manager

Strategic Partnership Director

Procurement Manager

Investment Manager

Sales Director

Technical Director

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, particularly Book 6 on general contract law and Book 3 on legal acts. Provides framework for contract formation, validity, and enforcement.
Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen): Dutch implementation of EU Trade Secrets Directive (2016/943), defining trade secrets, protection measures, and remedies for misappropriation.
General Data Protection Regulation (AVG/GDPR): Regulates personal data processing, relevant when confidential information includes personal data of employees or other individuals.
Dutch Competition Act (Mededingingswet): Ensures confidentiality provisions do not create unfair restrictions on competition or market access.
Dutch Employment Law (Arbeidsrecht): Relevant when NDAs involve employees, particularly regarding post-employment restrictions and confidentiality obligations.
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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