Geheimhoudingsbeding

A confidentiality clause, also referred to as a non-disclosure clause, is a provision in an agreement that prohibits the parties from disclosing certain information to third parties. This may concern trade secrets, customer data or other sensitive information.

Such a clause is relevant as it safeguards the parties’ interests against unfair competition or reputational harm. In the absence of such a provision, confidential information may be disseminated, potentially giving rise to legal disputes.

In practice, confidentiality clauses are commonly included in employment agreements, cooperation agreements and transactions involving mergers and acquisitions. A breach may result in liability for damages or termination of the agreement.