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Electronic Non Disclosure Agreement

Electronic Non Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Electronic Non Disclosure Agreement

"I need a Belgian-law Electronic Non Disclosure Agreement for a technology partnership starting March 2025, where both parties will share source code and technical specifications, with specific provisions for electronic storage and multi-party access."

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Document background
This Electronic Non-Disclosure Agreement template is designed for use in business relationships where parties need to exchange confidential information electronically under Belgian law. It is particularly relevant for cross-border transactions within the EU, incorporating requirements from both Belgian national law and EU regulations, including eIDAS for electronic signatures and GDPR for data protection. The document addresses modern business needs for quick, electronic execution while maintaining legal enforceability under Belgian jurisdiction. It includes specific provisions for electronic information exchange, storage, and security measures, making it suitable for digital business operations while ensuring comprehensive protection of confidential information. This template is adaptable for various business contexts, from technology partnerships to consulting arrangements, and can be used for one-way or mutual confidentiality obligations.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and authorized representatives

2. Background: Context of the agreement and the business relationship between the parties

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

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

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information

6. Security Measures: Required security measures for protecting confidential information

7. Term and Survival: Duration of the agreement and surviving obligations

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

9. Electronic Execution and Delivery: Provisions for electronic signature and delivery, compliance with Belgian e-signature laws

10. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes

11. General Provisions: Standard boilerplate provisions including severability, amendments, and entire agreement

Optional Sections

1. Data Protection Compliance: Additional section required when confidential information includes personal data under GDPR

2. Third Party Disclosure: Optional section when disclosure to third parties (such as advisors or affiliates) may be necessary

3. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship

4. Specific Security Protocols: Detailed security requirements for specific types of sensitive information or industry requirements

5. Export Control: Required when confidential information may be subject to export control regulations

6. Competitive Restrictions: Optional restrictions on competitive activities, if relevant to the business relationship

7. Insurance Requirements: Optional requirements for insurance coverage for high-value confidential information

Suggested Schedules

1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required

3. Schedule 3 - Specific Types of Confidential Information: Detailed categorization of different types of confidential information covered

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized recipients

5. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

6. Appendix C - Information 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Authorized Purpose
Authorized Recipients
Business Day
Confidential Information
Control
Data Protection Laws
Disclosing Party
Electronic Signature
Force Majeure
Group
Intellectual Property Rights
Legal Requirement
Notice
Party/Parties
Permitted Purpose
Personal Data
Receiving Party
Representatives
Security Breach
Security Requirements
Signature Date
Term
Third Party
Trade Secrets
Working Hours
Electronic Communications
Confidentiality Undertaking
Derived Information
Electronic Storage System
Information Return Certificate
Residual Information
Security Protocols
Technical Standards
Relevant Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Biotechnology

Retail

Energy

Telecommunications

Research & Development

Automotive

Aerospace

Pharmaceuticals

Consumer Goods

Media & Entertainment

Relevant Teams

Legal

Procurement

Business Development

Research & Development

Human Resources

Information Technology

Security

Operations

Finance

Compliance

Corporate Development

Innovation

Commercial

Risk Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Procurement Manager

Research Director

Human Resources Director

Chief Technology Officer

Innovation Manager

Commercial Director

Contract Manager

Information Security Officer

Chief Financial Officer

Operations Manager

Partnership Manager

Industries
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Fundamental contract law principles including formation, validity, and enforcement of contracts under Belgian law
eIDAS Regulation (EU) 910/2014: EU regulation on electronic identification and trust services, defining legal framework for electronic signatures and their validity across EU member states
Belgian Electronic Economy Act of 2013: National implementation of EU e-commerce directives, governing electronic contracts and digital signatures in Belgium
GDPR (General Data Protection Regulation - EU 2016/679): EU regulation on data protection and privacy, relevant for handling personal data mentioned in the NDA
EU Trade Secrets Directive (2016/943): Protection of undisclosed know-how and business information, implemented in Belgian law
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Contains provisions on business practices, electronic commerce, and market practices
Belgian Trade Secrets Act of 2018: National implementation of EU Trade Secrets Directive, providing specific protection for confidential business information
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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