This Mutual Non Disclosure Agreement (NDA) template is designed for use under Belgian law when two parties need to share confidential information while ensuring mutual protection. It is particularly suitable for business negotiations, joint ventures, potential partnerships, or any situation where bilateral exchange of sensitive information is necessary. The document incorporates requirements from Belgian civil law, the Belgian Trade Secrets Act, and EU regulations including GDPR. It provides comprehensive protection for various types of confidential information including trade secrets, business plans, technical data, and personal data, while ensuring compliance with Belgian and EU data protection requirements. The agreement is structured to be enforceable under Belgian jurisdiction and includes specific provisions for both domestic and international business relationships.
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1. Parties: Identification of all contracting parties, including registered addresses and company details
2. Background: Context of the agreement and the purpose of sharing confidential information
3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors
7. Data Protection and GDPR Compliance: Specific provisions regarding the handling of personal data in accordance with GDPR and Belgian law
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Duration and Termination: Term of the agreement and survival of obligations
11. Breach and Remedies: Consequences of breach and available remedies under Belgian law
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP rights when the shared information includes patents, trademarks, or other IP - include when IP is a significant component of the shared information
2. Non-Solicitation: Restrictions on soliciting employees or customers - include when parties want to prevent poaching
3. Export Control: Provisions regarding international transfer of information - include for cross-border arrangements
4. Digital Security Requirements: Specific provisions for digital security measures - include when information is primarily shared electronically
5. Competing Projects: Provisions regarding work on similar projects - include when parties are competitors
6. Third Party Rights: Provisions regarding the rights of third parties - include when third party information may be shared
7. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value or high-risk information
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or third parties
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