The Business Disclosure Agreement is essential for protecting confidential information in commercial relationships under Belgian law. It is typically used when parties need to share sensitive business information during negotiations, due diligence processes, or ongoing business relationships. The agreement incorporates specific provisions required by Belgian legislation, including the Act on the Protection of Trade Secrets and relevant EU regulations such as GDPR. This document is particularly crucial in Belgium's business environment, where international commerce and cross-border transactions are common. The agreement can be customized for various business contexts while maintaining compliance with Belgian legal requirements for confidentiality protection and trade secret preservation.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and prohibited uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies under Belgian law
11. General Provisions: Standard provisions including notices, amendments, and governing law
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Employee and Representative Obligations: Additional provisions when employees will have access to confidential information
3. Intellectual Property Rights: Specific provisions regarding IP rights when technical or proprietary information is shared
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Export Control: Provisions for compliance with export control laws when international transfers are involved
6. Competing Projects: Provisions addressing work on similar or competing projects
7. Prior Disclosures: Coverage of information disclosed before the agreement date
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Destruction Certificates: Template certificates for confirming destruction of confidential information
5. Appendix A - Permitted Purpose Details: Detailed description of the specific business purpose for information sharing
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