A Confidentiality Agreement under Belgian law is essential for protecting proprietary information and trade secrets in business relationships. This document is typically used when parties need to share sensitive information during business negotiations, partnerships, or service arrangements. The agreement ensures compliance with Belgian Trade Secrets Law of 30 July 2018, which implements EU Directive 2016/943, and includes GDPR considerations where personal data is involved. It's particularly important in cross-border transactions within the EU, as Belgian law provides strong protection for confidential information while aligning with EU regulations. The document should be used before any sensitive information is shared and can be customized for various business contexts while maintaining its enforceability under Belgian law.
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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 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. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Breach and Remedies: Consequences of breach and available remedies under Belgian law
10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Data Protection Compliance: GDPR compliance provisions, necessary when confidential information includes personal data
2. Employee and Contractor Obligations: Additional provisions for agreements involving employees or contractors
3. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes IP
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Export Control: Compliance with export control laws when information may be subject to international transfer restrictions
6. Competitive Activity: Restrictions on competitive activities, if relevant to the business relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of representatives authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose and scope of use for the confidential information
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