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.
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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
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
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
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Research & Development
Professional Services
Biotechnology
Energy
Telecommunications
Aerospace & Defense
Consumer Goods
Education
Real Estate
Media & Entertainment
Relevant Teams
Legal
Information Security
Research & Development
Business Development
Executive Leadership
Procurement
Human Resources
Information Technology
Operations
Corporate Development
Risk & Compliance
Innovation
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Research Director
Project Manager
Information Security Officer
Chief Technology Officer
HR Director
Procurement Manager
Innovation Manager
Compliance Officer
Commercial Director
Strategic Partnership Manager
Operations Director
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