This Digital Non-Disclosure Agreement template is essential for businesses operating in Belgium's digital economy, where protecting confidential information in electronic formats is crucial. It serves organizations sharing sensitive digital assets, intellectual property, or confidential business information through electronic means. The template incorporates Belgian legal requirements and EU regulations, including provisions for electronic signatures under eIDAS and data protection under GDPR. It is particularly relevant for technology companies, digital service providers, and any business handling confidential information in digital formats. The agreement includes specific provisions for digital security measures, electronic document handling, and cyber incident reporting, making it distinct from traditional NDAs.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
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. Digital Security Measures: Specific requirements for securing digital information, including encryption and access controls
7. Term and Survival: Duration of the agreement and provisions that survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Electronic Execution: Provisions for digital signing and electronic delivery of the agreement
10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Include when confidential information may need to be shared with third parties like advisors or contractors
2. Data Protection Compliance: Include when confidential information includes personal data subject to GDPR
3. Group Company Provisions: Include when either party needs to share information with affiliated companies
4. Specific Project References: Include when the NDA relates to a specific project or transaction
5. Non-Solicitation: Include when there's a risk of employee poaching
6. Force Majeure: Include when specific provisions for extraordinary circumstances affecting digital systems are needed
7. Audit Rights: Include when the disclosing party requires rights to audit the receiving party's compliance
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
2. Schedule 2 - Security Protocols: Detailed technical requirements for handling digital confidential information
3. Schedule 3 - Data Processing Requirements: Specific requirements for handling personal data under GDPR
4. Appendix A - Digital Information Handling Procedures: Step-by-step procedures for accessing, storing, and transmitting digital confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Digital Services
Software Development
Financial Services
Healthcare Technology
E-commerce
Digital Media
Telecommunications
Cybersecurity
Cloud Computing
Digital Marketing
Research & Development
Data Analytics
Digital Entertainment
Professional Services
Relevant Teams
Legal
Information Technology
Information Security
Compliance
Digital Operations
Research & Development
Data Protection
Risk Management
Innovation
Digital Strategy
Software Development
Cloud Operations
Digital Transformation
Cybersecurity
Corporate Development
Relevant Roles
Chief Technology Officer
Information Security Manager
Data Protection Officer
Digital Project Manager
IT Director
Legal Counsel
Compliance Officer
Software Development Manager
Digital Operations Manager
Chief Information Officer
Innovation Director
Digital Strategy Manager
Cloud Architecture Manager
Digital Risk Officer
Technology Consultant
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