This Confidential Contract template is designed for use under Belgian law when parties need to exchange sensitive business, technical, or commercial information. It's particularly relevant for business relationships in Belgium's international business environment, including cross-border transactions within the EU. The document addresses requirements under Belgian trade secrets law, contract law, and where applicable, data protection regulations. It's suitable for various business contexts including mergers and acquisitions, joint ventures, service agreements, and commercial partnerships. The agreement includes specific provisions for protecting confidential information, defining permitted uses, and establishing clear enforcement mechanisms under Belgian jurisdiction. It's structured to be compliant with both Belgian civil law requirements and international business practices.
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1. Parties: Identification of all parties to the agreement, including registered offices and company numbers
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required measures for protecting confidential information
8. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination
9. Duration and Termination: Term of the agreement and survival of obligations
10. Remedies: Available remedies in case of breach, including injunctive relief
11. General Provisions: Standard provisions including notices, amendments, governing law, and jurisdiction
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Needed when confidential information involves IP rights or potential future IP
3. Non-Solicitation: Optional clause preventing solicitation of employees/customers, if relevant to business context
4. Non-Competition: Optional restriction on competitive activities, subject to Belgian law limitations
5. Export Control: Required when information may be subject to export control regulations
6. Force Majeure: Optional clause addressing extraordinary circumstances, more common in longer-term NDAs
7. Insurance: Optional requirement for insurance coverage for potential breaches
8. Audit Rights: Optional right to audit compliance with confidentiality obligations
1. Schedule 1 - Specified 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 required for information protection
4. Schedule 4 - Data Processing Terms: Required GDPR-compliant data processing terms if personal data is involved
5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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