The Technology Confidentiality Agreement is essential when parties need to share sensitive technological information while ensuring legal protection under Belgian law. It's commonly used in technology development, licensing negotiations, joint ventures, or when engaging with contractors or consultants who need access to proprietary technology. The agreement complies with the Belgian Trade Secrets Act of 2018 and relevant EU regulations, including GDPR where personal data is involved. It's particularly important in situations where parties need to share source code, technical specifications, research findings, or other technological trade secrets. The document provides comprehensive protection while allowing necessary information sharing for business purposes, with specific provisions for data security, confidentiality obligations, and breach remedies.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registered addresses, and company registration numbers
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Technology', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, security measures, and standard of care required
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law
7. Data Protection: GDPR compliance measures and data handling requirements
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when technology involves patents, copyrights, or other IP
2. Security Requirements: Specific technical security measures required for protecting digital information, relevant for highly sensitive technical data
3. Regulatory Compliance: Additional compliance requirements for regulated industries or specific technology sectors
4. Export Control: Provisions dealing with international transfer of technology subject to export control regulations
5. Source Code Protection: Special provisions for protecting software source code, when applicable
6. Reverse Engineering Prohibition: Specific restrictions on reverse engineering of technology, relevant for software or hardware confidentiality
7. Competitive Restrictions: Non-compete provisions related to the confidential technology, if permitted under Belgian law
1. Schedule 1 - Description of Technology: Detailed technical description of the confidential technology
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Data Processing Requirements: GDPR-compliant data processing terms and requirements
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Hardware Manufacturing
Telecommunications
Biotechnology
Research & Development
Artificial Intelligence
Cloud Computing
Cybersecurity
Internet of Things
Semiconductors
Digital Healthcare
FinTech
Automotive Technology
Clean Technology
Relevant Teams
Legal
Information Technology
Research & Development
Information Security
Product Development
Intellectual Property
Data Protection
Corporate Development
Innovation
Engineering
Relevant Roles
Chief Technology Officer
Head of Legal
IP Counsel
Technology Licensing Manager
Research Director
Software Development Manager
Information Security Officer
Data Protection Officer
Innovation Manager
Product Development Director
Legal Counsel
Contract Manager
Business Development Manager
Chief Information Officer
R&D Manager
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