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Electronic Confidentiality Agreement for Belgium

Electronic Confidentiality Agreement Template for Belgium

This Electronic Confidentiality Agreement is a legally binding document governed by Belgian law, designed to protect confidential information shared electronically between parties. It incorporates specific provisions compliant with Belgian electronic signature laws and the EU eIDAS Regulation, ensuring its enforceability in digital format. The agreement includes comprehensive provisions for data protection under GDPR and Belgian data protection laws, security measures for electronic information sharing, and specific requirements for electronic execution and communication. It is structured to provide robust protection for confidential information while maintaining the flexibility and efficiency of electronic execution and management.

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What is a Electronic Confidentiality Agreement?

This Electronic Confidentiality Agreement template is designed for use under Belgian law when parties need to exchange confidential information through digital means. It is particularly relevant in today's business environment where remote collaboration and electronic information sharing are standard practices. The agreement incorporates essential elements required by Belgian law and EU regulations, including compliance with the eIDAS Regulation for electronic signatures, GDPR requirements for data protection, and specific provisions from the Belgian Electronic Economy Act. This template is suitable for various business relationships, from technology partnerships to consulting arrangements, where parties need to ensure their confidential information receives legal protection while maintaining the efficiency of electronic execution and management. The document includes specific provisions for electronic security measures, digital communication protocols, and requirements for valid electronic execution under Belgian law.

What sections should be included in a Electronic Confidentiality Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names, registered addresses, and company registration numbers

2. Background: Context of the agreement, nature of the confidential information to be shared, and purpose of the disclosure

3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Electronic Execution'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to authorized recipients

7. Security Measures: Required security measures for protecting confidential information, including digital security requirements

8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information, including electronic data

9. Electronic Execution and Communications: Provisions regarding electronic signature, delivery, and communications in compliance with Belgian law

10. Term and Termination: Duration of the agreement and termination provisions

11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

What sections are optional to include in a Electronic Confidentiality Agreement?

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

2. Intellectual Property Rights: Specific provisions when confidential information includes IP rights or trade secrets

3. Group Company Provisions: Additional provisions when either party needs to share information with group companies

4. Competitive Activity: Non-compete provisions where relevant to the confidential information

5. Force Majeure: Provisions for extraordinary circumstances affecting compliance with the agreement

6. Insurance Requirements: Insurance obligations where specific coverage is required for handling confidential information

7. Audit Rights: Provisions allowing audit of compliance with confidentiality obligations

What schedules should be included in a Electronic Confidentiality Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or categories of individuals authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required for electronic information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients to sign

Authors

Alex Denne

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

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses


























Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Research & Development

Professional Services

Pharmaceuticals

Telecommunications

E-commerce

Biotechnology

Energy

Automotive

Software Development

Digital Media

Industrial Engineering

Relevant Teams

Legal

Information Technology

Research and Development

Business Development

Human Resources

Procurement

Information Security

Data Protection

Corporate Development

Operations

Innovation

Commercial

Intellectual Property

Risk Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Innovation Manager

Procurement Manager

Human Resources Director

Information Security Officer

Data Protection Officer

Contract Manager

Investment Manager

Technology Transfer Officer

Intellectual Property Manager

Corporate Development Director

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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