Non Disclosure And Restricted Use Agreement Template for Belgium

This comprehensive legal document, governed by Belgian law and aligned with EU regulations, establishes strict confidentiality obligations and specific usage restrictions for shared confidential information between parties. It incorporates Belgian trade secrets protection requirements, addresses data protection concerns under GDPR where applicable, and provides detailed mechanisms for protecting sensitive business information. The agreement defines permitted uses, security measures, and consequences of breach, while ensuring compliance with both Belgian national laws and relevant EU directives.

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What is a Non Disclosure And Restricted Use Agreement?

A Non-Disclosure and Restricted Use Agreement is essential when parties need to share confidential information while maintaining strict control over its use and dissemination. This agreement, governed by Belgian law, combines traditional confidentiality protections with specific usage restrictions, making it particularly suitable for situations involving technology transfers, business negotiations, joint ventures, or service provider relationships. It ensures compliance with Belgian trade secrets legislation and EU regulations, including GDPR where applicable. The document is commonly used in business relationships where one party needs to share sensitive information (such as trade secrets, technical know-how, or business strategies) with another party, but wants to maintain control over how that information is used and protected.

What sections should be included in a Non Disclosure And Restricted Use Agreement?

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the business relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Use: Specific permitted purposes and restrictions on the use of confidential information

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

9. Term and Survival: Duration of the agreement and survival of obligations after termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Non Disclosure And Restricted Use Agreement?

1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Provisions clarifying IP ownership and rights when confidential information includes IP

3. Export Control: Required when confidential information may be subject to export control regulations

4. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance

5. Third Party Disclosure: Provisions governing disclosure to permitted third parties like advisors or affiliates

6. Force Majeure: Provisions addressing circumstances beyond parties' control affecting confidentiality obligations

7. Insurance Requirements: Specific insurance requirements for covering potential breaches

What schedules should be included in a Non Disclosure And Restricted Use Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use and associated projects or activities

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by authorized representatives

6. Appendix B - Data Processing Requirements: Specific requirements for handling personal data if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Download a Standard Non Disclosure And Restricted Use Agreement

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What is a Non Disclosure And Restricted Use Agreement?

What sections should be included in a Non Disclosure And Restricted Use Agreement?

What sections are optional to include in a Non Disclosure And Restricted Use Agreement?

What schedules should be included in a Non Disclosure And Restricted Use Agreement?

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Alex Denne

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