The Non-Disclosure Agreement For App Development is essential when engaging in software application development projects in Belgium. This document should be used before sharing sensitive technical specifications, source code, business logic, or other confidential information with developers, contractors, or development companies. It ensures compliance with Belgian contract law, the Belgian Code of Economic Law, and EU GDPR requirements where applicable. The agreement is particularly crucial in the initial stages of app development projects, protecting both the intellectual property of the commissioning party and any proprietary development methods or tools of the development team. It includes specific provisions for technical data protection, code security, and handling of digital assets, making it distinct from general NDAs.
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1. Parties: Identification of the disclosing party (typically the app owner/commissioner) and receiving party (developer/development company)
2. Background: Context of the app development project and reason for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'App Development Project', 'Technical Specifications', 'Source Code', 'Trade Secrets', etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the app development context
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specific allowed uses of confidential information for app development purposes
7. Security Measures: Required technical and organizational security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after project completion or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction
1. Third Party Disclosure: Used when subcontractors or other third parties may need access to confidential information
2. Intellectual Property Rights: Include when specific IP arrangements need to be addressed alongside confidentiality
3. Data Protection Compliance: Required when personal data processing is involved in the app development
4. Non-Solicitation: Optional clause preventing hiring of each other's employees
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering of software or technical solutions
6. Export Control: Include when app development involves international data transfers or technology export
7. Insurance Requirements: Used when specific insurance coverage is required for data protection
8. Audit Rights: Include when the disclosing party needs rights to audit compliance
1. Schedule 1 - Project Scope: Detailed description of the app development project
2. Schedule 2 - Confidential Materials: Specific list of confidential documents, data, and materials
3. Schedule 3 - Security Protocol: Detailed security requirements and procedures
4. Schedule 4 - Authorized Personnel: List of individuals authorized to access confidential information
5. Schedule 5 - Technical Specifications: Detailed technical requirements and specifications of the app
6. Appendix A - Data Handling Procedures: Specific procedures for handling different types of confidential data
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