Commercial NDA Template for Belgium

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Key Requirements PROMPT example:

Commercial NDA

"I need a Commercial NDA under Belgian law for a potential joint venture with a software development company, where we'll be sharing sensitive technical specifications and customer data starting March 2025, with special attention to GDPR compliance and source code protection."

Document background

This Commercial NDA template is specifically designed for use under Belgian law in business-to-business relationships where confidential information needs to be protected during commercial discussions, due diligence processes, or ongoing business collaborations. The document incorporates key requirements from Belgian legislation, including the Trade Secrets Act of 2018 and relevant provisions of the Belgian Civil Code and Code of Economic Law. It is particularly suitable for situations where companies need to share sensitive business information, technical data, customer information, or trade secrets while maintaining strict confidentiality. The agreement provides comprehensive protection mechanisms and remedies available under Belgian law, making it appropriate for both domestic and international business relationships where Belgian law is the chosen governing law.

Suggested Sections

1. Parties: Identification and details of the parties entering into the NDA, including registered offices and company numbers

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

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Recipients', and 'Permitted Purpose'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Required measures for protecting and securing confidential information

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

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

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data

2. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors

3. Intellectual Property Rights: Provisions clarifying IP ownership and rights when confidential information includes IP

4. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant to the business relationship

5. Competition Restrictions: Additional provisions regarding non-compete obligations, if appropriate under Belgian law

6. Audit Rights: Rights to audit compliance with confidentiality obligations for high-sensitivity information

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

Suggested Schedules

1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list or categories of confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Notification Templates: Templates for required notices under the agreement, including breach notifications

5. Schedule 5 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Manufacturing

Professional Services

Financial Services

Healthcare and Pharmaceuticals

Real Estate

Energy and Utilities

Telecommunications

Research and Development

Consumer Goods

Industrial Services

Media and Entertainment

Automotive

Biotechnology

Construction and Engineering

Relevant Teams

Legal

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Finance

Operations

Intellectual Property

Compliance

Commercial Operations

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Commercial Director

Chief Financial Officer

Procurement Manager

Innovation Manager

Strategic Partnerships Director

Operations Director

Intellectual Property Manager

Compliance Officer

Contract Manager

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