What is a non-disclosure agreement / NDA?
The total price for this NDA is €200.00 ex. vat. This amount will be invoiced once this form is completed.
A non-disclosure agreement, also known as a NDA, is an agreement in which the parties agree that they will keep certain information secret. If you are doing business in the Netherlands, you might need one when you are presenting your plans to an investor or other parties that you want to share your ideas/plans with.
The contract determines which information is and which information is not covered by the confidentiality obligation. The non-disclosure agreement states that the party receiving information from the other party may use this information only for the purpose for which it is provided.
A NDA can be a one-way agreement (one party disclosing secret information to the other) or mutual (two parties both exchanging secret information).
What happens when a party breaks the agreement by disclosing information to a third-party?
This depends on the terms you choose in your custom-made NDA. When one party breaches the confidentiality laid down in the agreement, that party will be liable for the damages that the other party suffers as a result of disclosing that information. However, in practice it is often very challenging to determine exactly what these damages consist of. Therefore we recommend you to include a clause in the contract about a standard fine in case the agreement is breached. This fine should be substantial to make sure that parties do not even consider breaching the agreement. On the other hand, the amount of the fine should be proportional to the potential damages when a party breaches the agreement.