This Non Compete Non Disclosure Agreement is essential for businesses operating in Belgium seeking to protect their confidential information and maintain competitive advantage. The document is particularly relevant when engaging with employees, contractors, or business partners who will have access to sensitive business information and could potentially compete with the business in the future. It must comply with Belgian legal requirements, including the provision of reasonable compensation for non-compete restrictions, specific temporal and geographical limitations, and clear definition of restricted activities. The agreement addresses both the protection of confidential information under EU trade secrets legislation and competitive restrictions under Belgian employment and competition law. It is commonly used during employee onboarding, business partnerships, or when engaging contractors with access to sensitive information.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Territory'
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
6. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations as required by Belgian law
7. Compensation: Financial compensation for the non-compete restrictions as required under Belgian law
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Termination: Term of the agreement, survival of obligations, and termination provisions
10. Remedies: Available remedies in case of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability
1. Intellectual Property Rights: Additional provisions regarding IP ownership and protection, used when specific IP assets need protection
2. Data Protection: Specific GDPR compliance provisions, required when personal data is involved
3. Non-Solicitation: Additional restrictions on soliciting employees or customers, used when personnel or client protection is crucial
4. Audit Rights: Rights to audit compliance with the agreement, useful for high-security or regulated industries
5. Third Party Rights: Provisions regarding the rights of group companies or affiliated entities, used in corporate group contexts
6. Special Industry Requirements: Industry-specific provisions, used when required by specific sector regulations
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Activities: Specific description of prohibited competitive activities
3. Schedule 3 - Territory: Detailed definition of geographical scope of restrictions with maps or specific boundaries
4. Schedule 4 - Compensation Structure: Detailed breakdown of financial compensation for non-compete restrictions
5. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix B - Authorized Recipients: List of persons authorized to receive confidential information and their obligations
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