This Non-Disclosure Contract is essential for businesses and individuals operating under Belgian jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborative projects. The document is particularly relevant in today's business environment where data protection and confidentiality are paramount. It incorporates provisions from the Belgian Trade Secrets Act of 2018, the Belgian Civil Code, and EU regulations, making it suitable for both domestic and international business relationships. The agreement is designed to be used when parties need to share sensitive information such as trade secrets, technical know-how, business strategies, or customer data, while ensuring legal protection under Belgian law. It's especially important for cross-border transactions where Belgian law provides the governing framework for confidentiality obligations.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms, including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Security Measures: Required measures for protecting and securing confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies under Belgian law
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution formalities
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Employee and Subcontractor Obligations: Used when either party needs to share information with employees or subcontractors
3. Intellectual Property Rights: Required when confidential information includes IP that needs specific protection
4. Non-Solicitation: Optional clause preventing solicitation of employees or customers
5. Export Control: Required when confidential information may be subject to export control regulations
6. Force Majeure: Optional clause addressing extraordinary circumstances affecting confidentiality obligations
7. Insurance Requirements: Used when specific insurance coverage for data protection is required
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
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 required for handling confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
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