General aspects on the confidentiality clause in the Netherlands
Confidentiality has an important role in mediation cases in the Netherlands, as it stops involved parties from communicating freely restricted information according to the confidentiality clause. In Netherlands, there are two sides of confidentiality: the duty of secrecy and its .privilege, the right something also regarded as duty to decline to give evidence. Many professions in the Netherlands have aconfidentiality clause in their employment contracts.
The confidentiality clause is listed in Netherlands Penal Code, in a specific article that deals with punishment for any person that “willfully infringes any secret of which he knows, or can reasonably presume to know, that he is obliged to keep, on the basis on his office, profession or statutory provision”.
In addition, one decision ruled by the Supreme Court of the Netherlands clearly states that the “Criminal Code applies to those offices and professions which by their nature, regardless of the specific duty of secrecy, impose such duties upon those holding such offices at practicing such professions.”
Confidentiality in mediation cases in the Netherlands
Mediation imposes a duty of secrecy upon the Mediator and it can be argued that the provision also affects Mediators if their activities can be regarded as “professional”, for exemple the neighbor’s incidental intervention in a neighborhood dispute is not valid.
Netherlands Mediation Institute is the body where a Mediator can register and after registration he is bound by professional rules in regards to confidentiality and other aspects. Some of the main rules set by the Netherlands Mediation Institute in regards to confidentiality clause are that the Mediator is not allowed to involve third partied in Mediation and should not provide any type of information about the Mediation. However, the Mediator is allowed to offer information if he has the parties agreement. Another rule is that the Mediator must impose the duty of secrecy in a written form to all third parties involved.
The standard Mediation contract in the Netherlands has a confidentiality clause that binds parities to the Dutch confidentiality rules. These rules forbid parties to offer information to third parties. Contact our lawyers in Netherlands to obtain accurate information regarding confidentiality clauses and how this law should be applied.
Confidentiality in the Netherlands, a major advantage in arbitration
When it comes to arbitration, is has been in the center of attention in Netherlands, and confidentiality was regarded as being one of the main advantages of arbitration. The Netherlands Arbitration Institute, also known as NAI, introduced a confidentiality clause in 2010, that made Dutch arbitration confidential, and all persons involved directly or indirectly are bound to secrecy. In addition, confidentiality is a very important aspect in the revision of the Dutch Arbitration Act.