Confidentiality in Dutch legal contracts

Confidentiality in Dutch legal contracts

Confidentiality is an important aspect of the Netherlands. When it comes to mediation cases both parties communicate freely restricted information according to the confidentiality clause. There are two sides of confidentiality in the Netherlands. The duty of secrecy and its privilege. In the employment contract of Dutch business professionals, there is also a confidentiality clause. The duty of confidentiality is included in the Dutch law of criminal code. The consequence of breaking the agreement is written in article 272 in the penal law.


Mediation cases in the Netherlands

Mediation is a case in which the parties can discuss their disputes with the assistance of a trained third person who assists them in reaching a settlement. The cases can be conflicts between neighbours or assistance in professional settlements.

At the International Mediation Institute, that is where a mediator can register. After the registration, the mediator is bound by pro professional rules regarding confidentiality. The main rules are set by the International Mediation Institute.

In the Netherlands, the standard mediation contract has a confidentiality clause that binds the parties to the Dutch law. The rules forbid both parties to leak information to a third party. 

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