This Non Disclosure Agreement Whistleblower is designed for use in situations where organizations need to protect confidential information while ensuring compliance with Belgian whistleblower protection laws. It's particularly relevant following the implementation of the EU Whistleblower Protection Directive into Belgian law through the Law of 28 November 2022. The document provides a comprehensive framework for handling confidential information, establishing protected disclosure procedures, and ensuring appropriate channels for reporting potential wrongdoing. It includes specific provisions required under Belgian law, such as internal reporting mechanisms, protection against retaliation, and data protection compliance measures. This agreement is essential for organizations operating in Belgium that need to balance their legitimate interests in protecting confidential information with their legal obligations to facilitate and protect whistleblowing activities.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including Confidential Information, Protected Disclosures, Whistleblowing Activities
4. Scope and Purpose: Defines the scope of the agreement and its primary objectives
5. Confidentiality Obligations: Core confidentiality obligations while explicitly preserving whistleblowing rights
6. Protected Disclosures: Definition and scope of permitted whistleblowing activities and protected disclosures
7. Reporting Procedures: Internal and external procedures for making protected disclosures
8. Data Protection: Compliance with GDPR and Belgian data protection requirements
9. Duration and Survival: Term of the agreement and surviving obligations
10. Return of Confidential Information: Obligations regarding return or destruction of confidential information
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee-Specific Provisions: Additional provisions specific to employment relationships, used when the whistleblower is an employee
2. Third Party Rights: Provisions regarding third party beneficiaries, used when other entities within a corporate group need protection
3. International Reporting: Additional provisions for cross-border reporting, used when multiple jurisdictions are involved
4. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
5. Group Company Provisions: Additional provisions when agreement covers multiple group companies
6. Regulatory Cooperation: Specific provisions regarding cooperation with regulatory authorities, used in regulated industries
1. Schedule 1 - Internal Reporting Procedures: Detailed procedures for making internal reports and protected disclosures
2. Schedule 2 - External Reporting Channels: List of approved external reporting channels and relevant authorities
3. Schedule 3 - Categories of Confidential Information: Detailed classification of different types of confidential information
4. Schedule 4 - Data Processing Requirements: Specific data protection and processing requirements
5. Schedule 5 - Contact Information: Contact details for relevant internal and external reporting channels
6. Appendix A - Acknowledgment Form: Form for acknowledging receipt and understanding of the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Manufacturing
Technology
Professional Services
Energy
Telecommunications
Pharmaceutical
Construction
Transportation
Retail
Public Sector
Education
Non-Profit Organizations
Insurance
Relevant Teams
Legal
Human Resources
Compliance
Risk Management
Internal Audit
Ethics
Information Security
Corporate Governance
Executive Leadership
Board of Directors
Operations
Finance
Information Technology
Corporate Communications
Employee Relations
Relevant Roles
Chief Executive Officer
Chief Compliance Officer
Legal Counsel
Human Resources Director
Risk Manager
Internal Auditor
Department Manager
Project Manager
Financial Controller
Operations Director
Information Security Officer
Ethics Officer
Corporate Secretary
Board Member
Senior Executive
Department Head
Team Leader
Employee Relations Manager
Compliance Analyst
Risk Assessment Officer
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