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Declaration Of Non Disclosure Template for Belgium

A Declaration of Non-Disclosure governed by Belgian law is a legally binding document that establishes confidentiality obligations between parties sharing sensitive information. The document incorporates requirements from Belgian civil law, the Belgian Trade Secrets Act of 2018, and relevant EU regulations including GDPR. It defines the scope of confidential information, outlines the obligations of the receiving party, specifies permitted uses and disclosures, and establishes remedies for breach. The agreement is structured to provide robust protection while remaining compliant with Belgian legal requirements for contract formation and enforcement.

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What is a Declaration Of Non Disclosure?

A Declaration of Non-Disclosure is essential when parties need to share confidential information while ensuring legal protection under Belgian law. This document type is commonly used before business negotiations, during due diligence processes, or when engaging with contractors, consultants, or business partners. The agreement incorporates provisions from Belgian civil law, the Trade Secrets Act, and EU regulations, particularly addressing the protection of trade secrets and personal data. The document defines what constitutes confidential information, establishes clear obligations for information handling, and provides remedies in case of breach. It's particularly important in Belgium's business environment, where international commerce and EU regulations intersect with national law requirements.

What sections should be included in a Declaration Of Non Disclosure?

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required under Belgian law

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other key terms used in the agreement

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, non-disclosure, and permitted uses of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Required security measures for protecting confidential information

8. Term and Survival: Duration of the agreement and survival of obligations after termination

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination

10. Breach and Remedies: Consequences of breach and available remedies under Belgian law

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Declaration Of Non Disclosure?

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Employee and Contractor Obligations: Used when the receiving party needs to share information with employees or contractors

3. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is anticipated

4. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship

5. Reverse Engineering Prohibition: Include when protecting technical information or trade secrets that could be reverse engineered

6. Export Control: Required when confidential information is subject to export control regulations

7. Force Majeure: Optional clause addressing circumstances beyond parties' control, particularly relevant for long-term NDAs

What schedules should be included in a Declaration Of Non Disclosure?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Cost

Free to use

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