This Non-Disclosure Agreement For Consultants is essential when engaging external consultants or professional service providers who will have access to confidential business information in Belgium. The document is designed to comply with Belgian civil law, the Belgian Trade Secrets Act of 2018, and EU GDPR requirements. It should be used before sharing any sensitive information with consultants, including business strategies, technical data, client information, or proprietary methodologies. The agreement provides comprehensive protection while acknowledging the specific nature of consulting relationships, including provisions for both immediate and post-engagement confidentiality obligations. It is particularly relevant for businesses operating in Belgium or subject to Belgian jurisdiction when working with external consultants, advisors, or independent contractors.
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1. Parties: Identification of the disclosing company and the consultant, including full legal names, addresses, and registration details
2. Background: Context of the consulting relationship and purpose of the NDA
3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other key terms in accordance with Belgian law
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including trade secrets, know-how, and business information
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages under Belgian law
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability
1. Data Protection Compliance: Specific GDPR compliance provisions when personal data is involved
2. Intellectual Property Rights: Additional IP provisions when confidential information includes patents, copyrights, or other IP
3. Non-Competition: Restrictions on competitive activities, if applicable to the consulting relationship
4. Assignment and Subcontracting: Provisions regarding the consultant's ability to subcontract or assign obligations
5. Insurance Requirements: Professional indemnity insurance requirements for high-risk consulting engagements
6. Audit Rights: Company's right to audit consultant's compliance with confidentiality obligations
1. Schedule 1 - Description of Services: Detailed description of consulting services to provide context for confidentiality obligations
2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information specific to the engagement
3. Schedule 3 - Security Measures: Required technical and organizational measures for protecting confidential information
4. Schedule 4 - Approved Recipients: List of permitted recipients of confidential information (if any)
5. Appendix A - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Energy
Retail
Pharmaceuticals
Real Estate
Construction
Research & Development
Education
Marketing & Advertising
Management Consulting
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Research & Development
Executive Leadership
Project Management Office
Information Security
Compliance
Risk Management
Operations
Finance
Strategic Planning
Business Development
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
Management Consultant
Technical Consultant
IT Consultant
Strategy Consultant
Financial Advisor
Business Analyst
External Auditor
Research Consultant
Marketing Consultant
Operations Consultant
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