This Non-Disclosure Agreement Document is essential for businesses and individuals operating under Belgian jurisdiction who need to protect confidential information during business relationships, negotiations, or collaborative projects. The agreement is particularly relevant in today's knowledge-based economy where proprietary information and trade secrets require robust protection. It incorporates specific provisions required under Belgian law, including compliance with the Belgian Trade Secrets Act of 2018 and the Belgian Data Protection Act, while also addressing EU-wide requirements such as GDPR. The document is structured to provide comprehensive protection for various types of confidential information, from trade secrets and technical know-how to business strategies and personal data, making it suitable for both domestic Belgian operations and international business relationships where Belgian law governs.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details for companies
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
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 legal requirements
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies under Belgian law
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Needed when confidential information includes IP that requires specific protection
3. Non-Solicitation: Optional clause preventing solicitation of employees or customers
4. Competition Restrictions: Used when additional competition restrictions are needed, subject to Belgian competition law
5. Assignment and Succession: Required for agreements where transfer rights need specific regulation
6. Translations: Needed for multi-language agreements, specifying which version prevails
7. Group Company Rights: Required when agreement extends to affiliated companies
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security measures required for protecting confidential information
4. Appendix A - Types of Confidential Information: Detailed categorization of confidential information covered by the agreement
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