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Mutual Non Disclosure Agreement for Belgium

Mutual Non Disclosure Agreement Template for Belgium

A comprehensive bilateral confidentiality agreement governed by Belgian law, designed to protect confidential information exchanged between two parties. This agreement ensures mutual protection of sensitive business information, trade secrets, and proprietary data in compliance with Belgian civil law and EU regulations, particularly the Trade Secrets Act and GDPR. The document establishes reciprocal obligations for information security, permitted uses, and handling of confidential data, while providing clear remedies under Belgian jurisdiction in case of breach.

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Mutual Non Disclosure Agreement

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What is a Mutual Non Disclosure Agreement?

This Mutual Non Disclosure Agreement (NDA) template is designed for use under Belgian law when two parties need to share confidential information while ensuring mutual protection. It is particularly suitable for business negotiations, joint ventures, potential partnerships, or any situation where bilateral exchange of sensitive information is necessary. The document incorporates requirements from Belgian civil law, the Belgian Trade Secrets Act, and EU regulations including GDPR. It provides comprehensive protection for various types of confidential information including trade secrets, business plans, technical data, and personal data, while ensuring compliance with Belgian and EU data protection requirements. The agreement is structured to be enforceable under Belgian jurisdiction and includes specific provisions for both domestic and international business relationships.

What sections should be included in a Mutual Non Disclosure Agreement?

1. Parties: Identification of all contracting parties, including registered addresses and company details

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

3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Representatives', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

7. Data Protection and GDPR Compliance: Specific provisions regarding the handling of personal data in accordance with GDPR and Belgian law

8. Security Measures: Required security measures for protecting confidential information

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

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

11. Breach and Remedies: Consequences of breach and available remedies under Belgian law

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Mutual Non Disclosure Agreement?

1. Intellectual Property Rights: Additional provisions regarding IP rights when the shared information includes patents, trademarks, or other IP - include when IP is a significant component of the shared information

2. Non-Solicitation: Restrictions on soliciting employees or customers - include when parties want to prevent poaching

3. Export Control: Provisions regarding international transfer of information - include for cross-border arrangements

4. Digital Security Requirements: Specific provisions for digital security measures - include when information is primarily shared electronically

5. Competing Projects: Provisions regarding work on similar projects - include when parties are competitors

6. Third Party Rights: Provisions regarding the rights of third parties - include when third party information may be shared

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

What schedules should be included in a Mutual Non Disclosure Agreement?

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives or third parties

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

Manufacturing

Healthcare

Financial Services

Professional Services

Education

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Retail

Construction

Automotive

Aerospace

Pharmaceuticals

Media & Entertainment

Logistics & Transportation

Relevant Teams

Legal

Executive Leadership

Business Development

Research & Development

Human Resources

Finance

Operations

Information Technology

Procurement

Sales

Marketing

Product Development

Strategy

Innovation

Compliance

Corporate Development

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Legal Counsel

Contract Manager

Research Director

Project Manager

Chief Technology Officer

Innovation Manager

Human Resources Director

Chief Financial Officer

Operations Manager

Procurement Manager

Sales Director

Partnership Manager

Investment Manager

Technical Director

Product 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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