The Subcontractor Confidentiality Agreement is essential when businesses operating under Belgian law engage subcontractors who will have access to sensitive or proprietary information. This document is particularly crucial in today's business environment where data protection and trade secrets are heavily regulated under both Belgian and EU law. The agreement ensures compliance with the Belgian Trade Secrets Act of 2018, the Belgian Civil Code, and GDPR requirements while establishing clear protocols for handling confidential information. It should be used whenever engaging new subcontractors or updating existing relationships where confidential information will be shared. The document includes comprehensive definitions of confidential information, specific security measures, data protection obligations, and enforcement mechanisms tailored to the Belgian legal framework.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection: GDPR compliance obligations and specific data protection requirements
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
10. Duration and Survival: Term of the agreement and which obligations survive termination
11. Breach and Remedies: Consequences of breach, including available remedies and damage compensation
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship
2. Intellectual Property Rights: Specific provisions regarding IP rights if confidential information includes IP
3. Audit Rights: Right to audit subcontractor's compliance with confidentiality obligations, recommended for high-risk relationships
4. Insurance: Requirements for insurance coverage related to confidential information breaches
5. Assignment and Subcontracting: Restrictions on further subcontracting or assignment of obligations
6. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
7. Publicity: Restrictions on public announcements or use of business relationship in marketing
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific GDPR-related requirements if personal data is involved
5. Appendix A - Form of Confidentiality Undertaking: Template for individual confidentiality undertakings by employees/contractors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Construction
Manufacturing
Professional Services
Healthcare
Financial Services
Telecommunications
Research and Development
Energy
Defense
Consulting
Engineering
Pharmaceuticals
Biotechnology
Transportation and Logistics
Relevant Teams
Legal
Procurement
Information Security
Compliance
Risk Management
Human Resources
Operations
Information Technology
Supply Chain
Project Management
Data Protection
Contract Management
Relevant Roles
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Data Protection Officer
Chief Information Security Officer
HR Director
Operations Manager
Chief Technology Officer
Risk Manager
Compliance Officer
Business Development Manager
Supply Chain Manager
Chief Legal Officer
Information Security Manager
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