This Data Confidentiality Agreement template is designed for use under Belgian law when parties need to share sensitive or confidential information in a business relationship. It's particularly relevant in the context of EU data protection requirements, incorporating both Belgian national law provisions and GDPR compliance measures. The document should be used whenever parties need to establish clear obligations and protections for sharing confidential information, whether in the context of business partnerships, service provider relationships, or employment arrangements. It includes specific provisions for data security, breach notification, and data subject rights as required under Belgian and EU law, making it suitable for both domestic and international business relationships involving Belgian entities.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and purpose of data sharing
3. Definitions: Detailed definitions of key terms including Confidential Information, Personal Data, Data Processing, Security Measures
4. Scope of Confidential Information: Clear description of what information is considered confidential under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Access: Specified purposes for which confidential information may be used and who may access it
7. Data Protection Compliance: GDPR and Belgian Data Protection Act compliance requirements and obligations
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Breach Notification: Procedures and timelines for reporting any confidentiality or data breaches
10. Return or Destruction: Requirements for returning or destroying confidential information upon agreement termination
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Contractor Obligations: Additional provisions when agreement covers employees or contractors of either party
2. International Data Transfers: Required when confidential information will be transferred outside the EU/EEA
3. Audit Rights: Optional provisions allowing the disclosing party to audit the receiving party's compliance
4. Insurance Requirements: Specific insurance obligations for high-risk or regulated sector agreements
5. Competing Business Restrictions: Non-compete provisions if relevant to the business relationship
6. Data Subject Rights: Detailed procedures for handling data subject requests when agreement involves significant personal data processing
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Technical Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information
4. Schedule 4 - Data Processing Details: Details of data processing activities including purposes, categories of data and subjects
5. Schedule 5 - Breach Response Plan: Detailed procedures for handling and reporting security incidents
6. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses if required for international transfers
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research & Development
Pharmaceuticals
Telecommunications
Education
Energy
Retail
Insurance
Biotechnology
Consulting
Relevant Teams
Legal
Information Security
Compliance
Human Resources
Information Technology
Risk Management
Operations
Data Protection
Privacy
Procurement
Research and Development
Business Development
Contract Management
Corporate Affairs
Relevant Roles
Chief Information Security Officer
Data Protection Officer
Legal Counsel
Privacy Manager
Compliance Officer
IT Security Manager
Risk Manager
Human Resources Director
Project Manager
Information Security Analyst
Contract Manager
Chief Technology Officer
Operations Director
Business Development Manager
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