The Confidentiality And Non Disclosure Agreement is essential for business relationships where sensitive information needs to be shared while maintaining legal protection under Belgian law. This document is typically used when parties need to explore business opportunities, conduct due diligence, engage in negotiations, or establish working relationships involving access to confidential information. It incorporates requirements from the Belgian Trade Secrets Act, EU regulations including GDPR where applicable, and Belgian contract law principles. The agreement covers various types of confidential information including trade secrets, technical know-how, business strategies, customer data, and proprietary information. It is particularly relevant in the Belgian business context where cross-border transactions are common and EU-wide protection may be necessary.
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1. Parties: Identification and details of the disclosing and receiving 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', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and surviving obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies under Belgian law
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Non-Competition: Restrictions on competitive activities, if appropriate for the business context
5. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights in confidential information
6. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
7. Assignment and Succession: Rules regarding transfer of obligations in case of corporate restructuring or sale
8. Reciprocal Obligations: Additional provisions when both parties are both disclosing and receiving confidential information
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 Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Approved Third Party Recipients: Pre-approved third parties who may receive confidential information
5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Healthcare and Pharmaceuticals
Financial Services
Professional Services
Research and Development
Energy and Utilities
Telecommunications
Retail and Consumer Goods
Industrial and Engineering
Biotechnology
Education
Real Estate
Media and Entertainment
Automotive
Relevant Teams
Legal
Human Resources
Research and Development
Executive Leadership
Business Development
Information Technology
Finance
Operations
Procurement
Sales
Marketing
Product Development
Innovation
Compliance
Strategic Planning
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Human Resources Director
Research and Development Director
Project Manager
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Operations Manager
Intellectual Property Manager
Chief Information Officer
Business Analyst
Strategic Partnership Manager
Innovation Director
Compliance Officer
Department Head
Product Manager
Sales Director
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