This Non-Disclosure Agreement For Website Development is essential when engaging external developers or agencies for website creation projects in Belgium. It is specifically designed to protect confidential information exchanged during website development, including business strategies, technical specifications, source code, and customer data. The document complies with Belgian contract law and EU data protection requirements, including GDPR provisions where applicable. It should be used before sharing any sensitive information with potential website developers or when beginning a new website development project. The agreement includes specific provisions for digital assets, intellectual property protection, and technical documentation, making it particularly suitable for complex web development projects where significant proprietary information needs to be shared.
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1. Parties: Identification of the disclosing party (typically the client) and receiving party (typically the website developer), including full legal names and registered addresses
2. Background: Context of the agreement, explaining the website development project and need for confidentiality
3. Definitions: Definitions of key terms including 'Confidential Information', 'Website Development Project', 'Intellectual Property Rights', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of website development
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and protection standards
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and subcontractors
7. Data Protection and GDPR Compliance: Specific obligations regarding personal data handling and GDPR compliance
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon project completion or termination
9. Term and Survival: Duration of the agreement and which provisions survive 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
1. Source Code Protection: Additional provisions specifically protecting source code and development methods, used when custom code is being developed
2. Third Party Contractors: Provisions for when the developer needs to engage subcontractors or third-party services
3. International Transfer of Data: Required when development team or servers are located outside the EU
4. Competing Projects Restrictions: Used when restricting the developer from working on similar projects for competitors
5. Security Protocol Requirements: Detailed security requirements for handling sensitive information, used for high-security projects
6. Escrow Arrangements: Provisions for source code escrow, used for business-critical websites
1. Schedule 1 - Project Scope: Detailed description of the website development project scope to contextualize confidentiality requirements
2. Schedule 2 - Specified Confidential Information: Detailed list of specific confidential information categories covered by the agreement
3. Schedule 3 - Authorized Personnel: List of authorized personnel who will have access to confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for protecting confidential information
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if personal data processing is involved
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