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Mr. Jaime Boogaers

Corporate Law
Attorney, 16 years of experience

A confidentiality agreement only works well if it specifies concretely which information is protected and which uses are prohibited. A general clause regarding confidentiality is often too weak in discussions concerning customer data, prices, know-how, or business plans

For NDAs, commercial discussions, collaboration, investors, and staff
Attention to confidential information, purpose limitation, exceptions, and duration
Fines, evidence, refunds, destruction, and legal measures regulated
Practically usable before sensitive information is shared

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Custom confidentiality agreement

from 199.- per document

For entrepreneurs who want to have a legal document drafted that aligns with their business, agreements, industry, and risks.

Have confidentiality agreement reviewed

from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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About us

Our expertise in confidentiality agreements

Our lawyers and in-house counsel assist entrepreneurs with confidentiality agreements, NDAs, cooperation agreements, data processing agreements, IP clauses, and the enforcement of confidentiality. We examine information, purpose limitation, access, exceptions, penalties, duration, refunds, evidence, and legal remedies.

Custom solutions for your confidential information

An NDA for investors, partners, personnel, software development, suppliers, or acquisition talks does not require the same terms. Therefore, we tailor the confidentiality agreement to your information, recipient, purpose, and risk.

Our facts

Active since 2001
Lawyers and in-house counsel
Experience with NDAs, IP, commercial contracts, and privacy
Attention to fines, purpose limitation, evidence, and enforcement
Fixed rates in advance where possible

Customization
About us

Most chosen

Custom confidentiality agreement

from 199.- per document

For entrepreneurs who want to have a legal document drafted that aligns with their business, agreements, industry, and risks.

Compose my document

Our lawyer is spending 1.5 to 2.5 hours on the document
Telephone intake with a lawyer
Custom concept document
One adjustment round
Final version
Explanation of correct use
Delivered within 5 working days, express delivery possible

Have confidentiality agreement reviewed

from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Our legal expert spends 0.5 to 1.5 hours on the check
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Checks on content, risks, and practical usability
Attention to liability, payment, and termination
Concrete points for improvement and legal advice
Delivered within 3 working days, express delivery possible

Have confidentiality agreement amended

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

Edit my document

Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
Telephone intake with a lawyer
Verification of the existing document
Adaptation to your business and working methods
Suitable for new services, customers, or risks
Delivered within 5 working days, express delivery possible

About us

Our expertise in confidentiality agreements

Custom solutions for your confidential information

Our facts

Active since 2001
Lawyers and in-house counsel
Experience with NDAs, IP, commercial contracts, and privacy
Attention to fines, purpose limitation, evidence, and enforcement
Fixed rates in advance where possible

Reviews (21)

Nick

The lawyer immediately asked the right, critical questions. We were excellently guided through the maze of current laws and regulations. A party that delivers on what it promises on its website.

Michiel

Good service and a clear working method. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. The document was accepted flawlessly by our investors.

Fatima

The initial analysis of our documents was razor-sharp. The speed with which complex legislative changes were integrated into our document was excellent. The service was professional and personal.

Anne

We were looking for certainty and received it immediately in the first meeting. The fee structure was transparent, so we knew exactly where we stood during the process. A party that delivers on what it promises on its website.

Lotte

It felt good to be able to hand over the legal concerns immediately. We were able to easily add comments to the draft using a convenient system. Our business partners were impressed by the professionalism of the contracts.

Reda

The decisiveness during the first meeting was very pleasant. They immediately understood where the sensitivities lay within our collaboration. Our customers are responding positively to the clear general terms and conditions.

Amira

There was immediate room for our own input and ideas. They managed to forge an extremely complex joint venture agreement in a short timeframe. It is clear that they have a passion for entrepreneurship.

Fouad

I couldn't see the wood for the trees, but the first meeting immediately provided clarity. The corrections were implemented lightning-fast in the new version every time. The document was accepted flawlessly by our investors.

Kim

It was a relief to be helped so quickly. The weekly update emails gave a nice sense of control over the process. A reliable partner who strives for perfection in their documents.

Bram

The intake was personal and concrete. They managed to get a stalled negotiation moving again by proposing a smart compromise. These documents will undoubtedly save us a lot of headaches in the future.

Sebastian

The expertise was immediately evident from the first contact. The speed with which complex legislative changes were integrated into our document was excellent. Our clients are responding positively to the clear general terms and conditions.

Joost

We urgently needed a lawyer and were helped immediately. We appreciated the honesty when it turned out that a specific request of ours was legally unfeasible. A party that delivers on what it promises on its website.

Samira

We had many questions, but these were answered patiently and promptly. The atmosphere during the discussions was always relaxed but highly focused on results. The document was accepted flawlessly by our investors.

Esther

The lawyer got straight to the heart of the matter. It was pleasant that what was important was explained in plain language. A party that delivers on what it promises on its website.

Marouane

We didn't feel like a number, but received truly personal attention. We didn't have to figure out much ourselves. The quality fully met our expectations.

Liam

The proactive approach began even before the quotation was signed. The advice regarding the employment contracts was fully in accordance with the latest legislation. The final result aligns 100% with our high standards.

Lieke

The consultation provided immediate clarity. The lawyer needed only half a word to create the right context. A party that delivers on what it promises on its website.

Amani

They really thought along with our situation. The contact was approachable and professional. A reliable partner that strives for perfection in their documents.

Imane

The start of the collaboration was exceptionally smooth. Delivery was within the agreed timeframe. The final result aligns 100% with our high standards.

Dennis

We needed a custom solution, and that was handled well. The feedback we received on our own concept was incredibly insightful and useful. It is clear that they have a passion for entrepreneurship.

Isabel

The quick availability of the lawyer was crucial for us. The lawyer really took the time to understand our specific SaaS solution before starting to write. Our customers are responding positively to the clear terms and conditions.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

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What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

A clear roadmap: intake, concept, revision round, and final version
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Legal attention to liability, payment, and termination
Where possible, provide clarity in advance regarding price and delivery time

Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

Prepared for your company
Telephone consultation included
No standard template
Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

Draft document or legal review
One adjustment round
Clear explanation where necessary
Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Ilja van Driel

Corporate law attorney, employment law

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Custom choices

Which choices determine the content?

The content of your confidentiality agreement depends on a few key choices. These determine whether the NDA is unilateral or mutual and how strict the terms will be.

Choice or question	Why this matters legally
Is one party sharing information, or both parties?	For one-way communication, a unilateral NDA suffices; if both parties share information, choose a mutual confidentiality agreement.
How long must the confidentiality last?	For general information, a fixed term after the last contact is customary; for genuine trade secrets, you can agree on an indefinite period.
Do you want a fine or just compensation?	A fixed fine makes enforcement easier because you do not have to prove exact damage; without a fine, you are dependent on provable damage.
Is personal data also shared?	If personal data is exchanged for processing on your behalf, a data processing agreement may be required under the GDPR in addition to the NDA.
Is the recipient allowed to engage third parties?	Determine whether advisors, subcontractors, or group companies are granted access and whether they must sign the same confidentiality agreement.

Clauses and provisions

What elements belong in a confidentiality agreement?

A workable confidentiality agreement not only protects the information itself but also regulates what it may be used for, who has access, the duration of the obligation, and the consequences of a breach. Below are the components that belong in virtually every NDA.

Provision	Relevant to	Legal point of attention
Definition of confidential information	Always	Describe specifically which written, oral, digital, and visual information is subject to confidentiality.
Purpose binding	Always	Specify for what purpose the information may be used and prohibit any other use.
Duty of confidentiality	Always	Prohibit the sharing, publishing, copying, and commercial exploitation of the information.
Access and need-to-know	For sharing within the organization or with advisors	Determine who is granted access and impose the obligation on staff and engaged third parties as well.
Exceptions	Always	Exclude information that is already public or has been lawfully obtained without confidentiality, so that the duty remains enforceable.
Duration	Always	Determine how long the confidentiality applies, possibly longer for genuine trade secrets.
Penalty clause	Recommended	Link an immediately enforceable penalty to the violation; consider scope for additional damages.
Return and destruction	At the end of discussions or collaboration	Arrange for the return or deletion of information, including copies and backups.
Applicable law and disputes	Always	Choose Dutch law and the competent court or arbitration.

Use in practice

How do you use this document correctly?

A confidentiality agreement only works if you use it at the right time and adhere to the terms in practice. These steps help you use the document correctly.

Situation	What should you do?	Point of attention
Before you share information	Have the NDA signed before confidential information is disclosed	Signing retrospectively offers no protection for what has already been shared.
When sharing documents	Mark documents and emails as confidential	This makes it easier to demonstrate later that information was subject to confidentiality.
During the collaboration	Restrict access to those who really need the information	The fewer people who have access, the lower the risk of leakage and the stronger your position.
Afterwards	Request a refund or destruction and keep the confirmation	This way, you prevent information from continuing to circulate and retain proof of compliance.

Common mistakes

Confidentiality agreements often go wrong on the same points. By considering these points, you can prevent your NDA from proving to be of little value in practice.

Wrong	Consequence	Better approach
Too vague description of confidential information	Discussion on whether information fell under the NDA	Describe specifically which categories of information are secret.
Do not include a penalty clause	You have to prove the full damage, which is difficult and expensive	Include an immediately enforceable fine that simplifies enforcement.
Only sign after information has already been shared	The previously shared information is not protected	Have the NDA signed before the first meeting.
No term or too short	The protection expires before the risk has passed	Adjust the duration to the type of information and the risk.
Do not pass on obligations to third parties	Staff or advisors are not bound	Require the recipient to impose the same confidentiality on engaged third parties.

Risk profile

What is your situation and what do you pay attention to?

The proper structuring of your confidentiality agreement depends on your situation. If you recognize yourself in one of the cases below, pay attention to the points mentioned.

Risk profile	Example	Focus in the document
You are sharing information for an acquisition	You provide a potential buyer with insight into figures, customers, and contracts	Ensure strict purpose limitation and a prohibition on approaching employees or customers.
You work with a supplier or partner	Both parties share know-how and business data	Choose a mutual NDA with clear agreements regarding access to and ownership of results.
You have a self-employed professional or agency work for you	The other party gains access to internal processes and data	Combine confidentiality with agreements on intellectual property and, regarding personal data, the GDPR.
You suspect that information has been leaked	A former partner or employee uses your information	Gather evidence and enforce quickly; a penalty clause significantly strengthens your position.

Additional documents

When is this document not enough?

A confidentiality agreement governs confidentiality, but not the collaboration, ownership, or processing of personal data itself. In these situations, you need an additional document.

Situation	Supplementary document	Why
You systematically share personal data that someone else processes on your behalf	Data Processing Agreement	In addition to confidentiality, the GDPR requires separate agreements regarding the processing of personal data.
Secrecy leads to genuine collaboration	Cooperation Agreement	Establish roles, costs, revenues, and liability alongside confidentiality.
You are discussing a joint venture in confidence	Shareholders' Agreement	Rules regarding control, profit distribution, and exit if the collaboration results in a company.

Explanation of this document

Drafting a confidentiality agreement, why?

Not every entrepreneur knows exactly what confidentiality agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a confidentiality agreement and when do you need one?

A confidentiality agreement — also known as a non-disclosure agreement (NDA), confidentiality agreement, or secrecy contract — is an agreement in which one or both parties commit not to disclose confidential information to third parties and to use it exclusively for the agreed purpose. You need a confidentiality agreement as soon as you share confidential information with a party you do not yet fully trust or who is not otherwise contractually bound to confidentiality. Typical situations include: exploring a business acquisition or collaboration before sharing your annual figures, customer base, or technology; engaging an external advisor, developer, or supplier who gains access to business-sensitive information; pitching a concept or product to a potential investor or partner; and sharing technical know-how, recipes, or business processes with a manufacturer or licensee. The confidentiality agreement is the most widely applicable contract in business law — and at the same time, the most neglected. Many entrepreneurs wait too long to have one drafted and share confidential information based on trust without a legal basis. Our legal experts draft a confidentiality agreement for you that watertight defines the confidential information, establishes an enforceable prohibition on use, contains an effective penalty clause, and correctly formulates the procedure for the return and destruction — tailored to your specific situation and the sensitivity of the information to be shared.

What is the difference between a unilateral and a mutual confidentiality agreement?

The choice determines who is bound by confidentiality and depends directly on the flow of information in your relationship. With a unilateral confidentiality agreement , only one party shares confidential information, and only the recipient is bound. This is the correct structure for due diligence during a business acquisition where only the seller provides information, for a pitch to an investor where you present your concept, and when engaging an external service provider who gains insight into your business operations. With a mutual confidentiality agreement, both parties share confidential information and are both bound. This is the correct structure for explorations of collaboration, joint venture negotiations, and technological co-development projects where both parties contribute sensitive information. A particular point of attention: a mutual agreement presented as unilateral—because only one party actually shares information—creates unnecessary obligations for the recipient who, in practice, never provides information. The structure of the agreement must reflect the actual flow of information. Our legal experts advise you on the appropriate structure for your specific situation.

How do you define confidential information so that protection is maximized?

The definition of confidential information is the most critical provision of the confidentiality agreement. A definition that is too narrow leaves gaps — sensitive oral information falls outside its scope. A definition that is too broad renders the agreement unworkable — the recipient does not know which information they are free to use. A robust definition comprises three categories. First, all information that was expressly designated as confidential upon provision — in writing with a "confidential" marking or orally followed by written confirmation within an agreed timeframe. Second, all information that the recipient should reasonably have recognized as confidential given its nature — business strategy, financial forecasts, customer data, technical specifications are by definition confidential even without marking. Third, specifically defined categories that are always confidential regardless of marking — customer files, production methods, software code, price lists. The definition must also clearly describe the exceptions: information that was already publicly known prior to receipt, information the recipient already knew prior to the agreement, information the recipient developed independently, and information that must be disclosed pursuant to a legal obligation. Our legal experts formulate a definition that offers maximum protection and stands up in court.

How do you formulate a penalty clause that truly deters?

A confidentiality agreement without a penalty clause has limited deterrent effect. In the event of a breach, the injured party must demonstrate that damage has been suffered and the extent of that damage—proof that is notoriously difficult to provide in cases of breaches of confidentiality. A well-formulated penalty clause establishes a fixed fine per violation, thereby eliminating the need for proof of damages. The amount of the fine must correspond to the commercial value of the information to be protected. For commercially sensitive information in a company acquisition or technological collaboration, amounts ranging from €50,000 to €250,000 per violation are customary and are generally accepted by the court as proportionate. The penalty clause must be correctly formulated to preserve the accumulation of legal remedies: "notwithstanding the provisions of Article 6:92 of the Dutch Civil Code, without prejudice to the right to performance, cessation, and full compensation for damages insofar as the damage exceeds the fine." The judge has the power to mitigate pursuant to Article 6:94 of the Dutch Civil Code — but a proportionate and carefully formulated penalty clause offers significantly stronger protection, even after any mitigation, than no penalty clause at all. Particular point of attention: a penalty clause per violation is stronger than a penalty per day — one unauthorized provision to a third party counts as one violation regardless of the duration of subsequent use. Our legal experts draft a penalty clause that is sufficiently deterrent and stands up to judicial scrutiny.

How do you arrange the duration and the return of confidential information?

The duration of the confidentiality obligation must correspond to the economic lifespan of the protected information. For commercial and strategic information in the case of a business acquisition that does not proceed: two to five years after the end of negotiations. For technical know-how, recipes, and trade secrets that remain valuable for a long time: a longer or unlimited term. An unlimited confidentiality obligation is in principle acceptable to Dutch and European courts, provided that the information to be protected actually remains confidential and the obligation is proportionate. After the end of the relationship or agreement, the recipient must return the confidential information or demonstrably destroy it. The return and destruction procedure must contain the following elements: which media are returned or destroyed — originals and all copies, including digital copies on personal devices. The period within which return or destruction takes place — usually five to ten working days after the end of the agreement or following a request. A written confirmation from the recipient that all confidential information has been returned or destroyed. And an exception for archiving copies that may not be destroyed pursuant to statutory retention obligations — with a continuing confidentiality obligation for those copies. Our legal experts formulate a duration and refund scheme that aligns with the nature of your information.

How do you make a confidentiality agreement enforceable in the event of a breach?

The enforceability of a confidentiality agreement in the event of a breach depends on two elements that are often underestimated. First, proof of provision: if you cannot demonstrate which specific information you provided to the recipient, you cannot prove in the event of a breach that the leaked information fell under the agreement. The provision of confidential information must be documented: which document was provided, on what date, and to which person. In due diligence processes, a virtual data room with access logging is used as evidence. In the case of oral provision of information—presentations, meetings—the confidentiality agreement must contain a confirmation procedure. Second, the identifiability of the breach: if the same information was known to multiple parties or is easily obtainable via public sources, it is difficult to prove that the leaked information originated from your provision. Your confidentiality agreement may contain a canary trapclause: you provide slightly different versions of the same document to various recipients—a slightly different wording, a different numeral—making it traceable in the event of a leak which recipient is the source. Our legal experts advise you on documentation practices that make your confidentiality agreement enforceable in the event of a breach.

How does it work at MKBjuristen?

After a brief intake regarding the information to be shared, the counterparty, and the context of the information exchange, our legal experts draft a confidentiality agreement that watertight defines the confidential information, establishes an enforceable prohibition on use, contains a sufficiently deterrent penalty clause, aligns the duration with the economic lifespan of your information, and correctly formulates the return and destruction procedure. We also draft bilateral confidentiality agreements for exploratory collaborations and assess NDA drafts received from counterparties for completeness and enforceability.

Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.

Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document

SME Lawyers

Not tailored to your business

Tailored to your company, industry, and working methods

No control over your specific situation

Consultation with a lawyer and assessment of your risks

Possibly outdated or incomplete

Verification of current and practical provisions

No personal explanation

Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailored approach for each NDA situation

Not every confidentiality situation is the same. Therefore, we do not draft confidentiality agreements generically, but tailored to the information, recipient, purpose, and desired sanctions.

Investors and acquisition

Focus on data room, figures, strategy, competition, advisors, and mandatory disclosure.

Cooperation

Attention to ideas, project information, IP, costs, purpose limitation, and termination.

Staff and self-employed

Attention to customer data, documents, IP, business information, and confidentiality after termination.

Software and technology

Attention to source code, architecture, data, security, documentation, and know-how.

Suppliers

Attention to specifications, recipes, prototypes, production data, and subcontractors.

Commercial conversations

Attention to prices, margins, quotations, calculations, customers, and proof of issuance.

A confidentiality agreement must make confidential information practically enforceable. Therefore, we examine definition, purpose limitation, access, duration, penalties, refunds, evidence, and remedies.

Common mistakes in confidentiality agreements

Confidentiality often goes wrong because agreements are too general and therefore become difficult to enforce.

Describe confidential information too generally
Do not include a purpose limitation for permitted use
Grant advisors, employees, and group companies unlimited access
Do not include a penalty clause or enforcement provision
Duration of confidentiality too short or formulated unclearly
Do not bring verbally shared information under the NDA
Do not arrange for refund, destruction, or disposal
Only sign the NDA after information has already been shared

Draft your confidentiality agreement properly and prevent unnecessary problems in the future. Good agreements prevent disputes regarding confidential information, use, distribution, fines, and damages.

What is a confidentiality agreement?

An agreement in which parties agree to keep certain information confidential and to use it only for an agreed purpose.

Is an NDA the same as a confidentiality agreement?

Yes, NDA stands for non-disclosure agreement and is usually called a confidentiality agreement in the Netherlands.

Can a fine be included?

Yes. A penalty clause can strengthen enforcement, provided it is carefully and appropriately formulated.

How long does confidentiality apply?

That depends on the information. For trade secrets, longer or even indefinite confidentiality may be appropriate.

Can MKB Juristen review an existing NDA?

Yes. We check, among other things, definition, purpose limitation, exceptions, fines, duration, refunds, and enforceability.

Contact us

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Then contact our specialists.

T: 085 25000 44

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About Us

Drafting confidentialityagreementa

Free intake

Draft or check

Final version

Choose Tailored Legal Solutions

Custom confidentiality agreement

Have confidentiality agreement reviewed

Have confidentiality agreement amended

Our expertise in confidentiality agreements

Custom solutions for your confidential information

Our facts

Custom confidentiality agreement

Have confidentiality agreement reviewed

Have confidentiality agreement amended

About us

Our expertise in confidentiality agreements

Custom solutions for your confidential information

Our facts

Reviews (21)

Meet our office

Why MKB Juristen?

First, see how we work

What you can expect from us

Why customization?

What do you get?

The founders of MKB Juristen

Denian Wielhouwer

Annelore Hendriks

Ilja van Driel

Jaime Boogaers

Which choices determine the content?

What elements belong in a confidentiality agreement?

How do you use this document correctly?

Common mistakes

What is your situation and what do you pay attention to?

When is this document not enough?

Drafting a confidentiality agreement, why?

Why not use a standard document?

Tailored approach for each NDA situation

Investors and acquisition

Cooperation

Staff and self-employed

Software and technology

Suppliers

Commercial conversations

Common mistakes in confidentiality agreements

What is a confidentiality agreement?

Is an NDA the same as a confidentiality agreement?

Can a fine be included?

How long does confidentiality apply?

Can MKB Juristen review an existing NDA?

Contact us

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