This Non-Disclosure Agreement Parties template is specifically designed for use under Belgian law when parties need to exchange confidential information in a business context. It is particularly relevant for situations involving business negotiations, due diligence processes, joint ventures, or any collaborative efforts where proprietary information needs to be shared. The document incorporates requirements from the Belgian Trade Secrets Act of 2018, the Belgian Civil Code, and EU GDPR regulations, making it suitable for both domestic and international business relationships involving Belgian entities. The agreement covers various types of confidential information, including trade secrets, technical know-how, business strategies, and personal data, while providing clear mechanisms for protection and enforcement under Belgian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definition of Confidential Information, Permitted Purpose, and other key terms
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed
6. Security Measures: Required measures for protecting confidential information
7. Return or Destruction: Obligations regarding return or destruction of confidential information
8. Term and Survival: Duration of the agreement and surviving obligations
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Group Company Provisions: Include when either party needs to share information with affiliated companies
2. Technical Information Protection: Include when dealing with technical trade secrets or IT systems
3. Personal Data Protection: Include when confidential information includes personal data under GDPR
4. Intellectual Property Rights: Include when confidential information includes IP-protected materials
5. Non-Solicitation: Include when parties wish to prevent poaching of employees
6. Export Control: Include when information may be subject to export control regulations
7. Force Majeure: Include when parties want specific provisions for extraordinary circumstances
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking by representatives
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