The Confidentiality Agreement Employee Leaving is a crucial document used when an employee terminates their employment relationship with a company in Belgium. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This agreement is particularly important in the Belgian context, where it must comply with strict employment law requirements, the EU Trade Secrets Directive (as implemented in Belgian law), and GDPR provisions. The document typically includes detailed provisions on the scope of confidential information, return of company property, ongoing obligations, and specific remedies under Belgian law. It's essential for companies operating in Belgium to use this agreement to establish clear post-employment obligations while ensuring enforceability within the Belgian legal framework.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
6. Return of Confidential Information: Requirements for returning or destroying company information and property
7. Data Protection Compliance: Obligations regarding personal data under GDPR
8. Duration of Obligations: Time period for which confidentiality obligations remain in force
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Restrictions on soliciting employees or customers, used when employee had significant client contact
2. Intellectual Property Rights: Additional IP provisions, used when employee was involved in creative or technical work
3. Post-Employment Cooperation: Requirements for assistance in knowledge transfer, used for senior or specialized roles
4. Garden Leave Provisions: Specific obligations during garden leave period, if applicable
5. International Transfer of Data: Additional provisions for international companies handling cross-border data
6. Severance Package Reference: Reference to severance terms if confidentiality is tied to severance benefits
1. Schedule 1: Specific Confidential Information: Detailed list of specific confidential information, projects, or trade secrets
2. Schedule 2: Company Property Checklist: List of physical and digital assets to be returned
3. Schedule 3: Handling Procedures: Specific procedures for handling, destroying, or returning confidential information
4. Appendix A: Acknowledgment Form: Form confirming return of all confidential information and company property
5. Appendix B: Data Processing Overview: Details of personal data processing activities relevant to ongoing obligations
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