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Commercial NDA for Belgium

Commercial NDA Template for Belgium

A comprehensive non-disclosure agreement governed by Belgian law, designed for commercial relationships between business entities. This document establishes mutual obligations for protecting confidential information exchanged during business discussions, negotiations, or collaborations. It incorporates provisions compliant with Belgian Trade Secrets Act, the Belgian Civil Code, and EU GDPR requirements where applicable. The agreement includes specific enforcement mechanisms available under Belgian law and addresses both trade secrets and general confidential information protection.

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Commercial NDA

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What is a Commercial NDA?

This Commercial NDA template is specifically designed for use under Belgian law in business-to-business relationships where confidential information needs to be protected during commercial discussions, due diligence processes, or ongoing business collaborations. The document incorporates key requirements from Belgian legislation, including the Trade Secrets Act of 2018 and relevant provisions of the Belgian Civil Code and Code of Economic Law. It is particularly suitable for situations where companies need to share sensitive business information, technical data, customer information, or trade secrets while maintaining strict confidentiality. The agreement provides comprehensive protection mechanisms and remedies available under Belgian law, making it appropriate for both domestic and international business relationships where Belgian law is the chosen governing law.

What sections should be included in a Commercial NDA?

1. Parties: Identification and details of the parties entering into the NDA, including registered offices and company numbers

2. Background: Context of the agreement, including the purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Recipients', and 'Permitted Purpose'

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 Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Required measures for protecting and securing confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Termination: Term of the agreement and survival of obligations

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

What sections are optional to include in a Commercial NDA?

1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data

2. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors

3. Intellectual Property Rights: Provisions clarifying IP ownership and rights when confidential information includes IP

4. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant to the business relationship

5. Competition Restrictions: Additional provisions regarding non-compete obligations, if appropriate under Belgian law

6. Audit Rights: Rights to audit compliance with confidentiality obligations for high-sensitivity information

7. Insurance Requirements: Obligations to maintain specific insurance coverage for high-value confidential information

What schedules should be included in a Commercial NDA?

1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list or categories of confidential information covered

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

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Notification Templates: Templates for required notices under the agreement, including breach notifications

5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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 and Software

Manufacturing

Professional Services

Financial Services

Healthcare and Pharmaceuticals

Real Estate

Energy and Utilities

Telecommunications

Research and Development

Consumer Goods

Industrial Services

Media and Entertainment

Automotive

Biotechnology

Construction and Engineering

Relevant Teams

Legal

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Finance

Operations

Intellectual Property

Compliance

Commercial Operations

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Commercial Director

Chief Financial Officer

Procurement Manager

Innovation Manager

Strategic Partnerships Director

Operations Director

Intellectual Property Manager

Compliance Officer

Contract 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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