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International Confidentiality Agreement

International Confidentiality Agreement Template for Belgium

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Key Requirements PROMPT example:

International Confidentiality Agreement

"Need an International Confidentiality Agreement under Belgian law for a joint venture between our Belgian pharmaceutical company and a Japanese research institution, with specific provisions for GDPR compliance and protection of clinical trial data starting March 2025."

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Document background
This International Confidentiality Agreement is essential for businesses engaging in cross-border information exchange where confidential data protection is crucial. It's specifically designed to comply with Belgian law while accommodating international business practices and EU regulations. The agreement is commonly used during business negotiations, joint ventures, service provider relationships, or any situation requiring the sharing of sensitive information between parties from different jurisdictions. It includes provisions for data protection under GDPR, trade secret protection under Belgian law, and international enforcement mechanisms. The document is particularly relevant when at least one party is based in Belgium or when parties specifically choose Belgian law as their governing law, offering the advantages of Belgium's well-developed commercial law framework and its position as a key European business hub.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of information sharing

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and prohibited actions

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

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

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

9. Duration and Survival: 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

12. General Provisions: Standard boilerplate clauses including severability, amendments, and notices

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. International Transfer Restrictions: Required when confidential information will be transferred outside the EU/EEA

3. Intellectual Property Rights: Include when confidential information contains IP that needs specific protection

4. Non-Solicitation: Optional protection against solicitation of employees or customers

5. Reverse Engineering Prohibition: Include when protecting technical information or trade secrets

6. Competition Restrictions: Include when parties are competitors or could become competitors

7. Force Majeure: Optional clause for handling unforeseen circumstances affecting confidentiality obligations

8. Insurance Requirements: Include when requiring specific insurance coverage for confidential information protection

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

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

4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information

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

6. Appendix B - Information Return/Destruction Procedures: Detailed procedures for 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
Clauses
Interpretation
Confidentiality Obligations
Permitted Disclosures
Data Protection
Information Security
Return or Destruction of Information
Intellectual Property
Non-Disclosure
Term and Termination
Survival
Breach Notification
Remedies
Indemnification
International Transfer
Force Majeure
Assignment
Third Party Rights
Notice
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Authority
Representation and Warranties
Governing Law
Jurisdiction
Dispute Resolution
Language
Non-Solicitation
Costs
Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Biotechnology

Financial Services

Professional Services

Research & Development

Healthcare

Energy

Telecommunications

Automotive

Aerospace

Chemical Industry

Consumer Goods

Education

Defense

Information Technology

Media & Entertainment

Relevant Teams

Legal

Compliance

Business Development

Research and Development

Information Technology

Information Security

Procurement

Corporate Affairs

Operations

Risk Management

International Relations

Intellectual Property

Data Protection

Executive Leadership

Strategy

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Corporate Lawyer

Compliance Officer

Business Development Manager

Chief Technology Officer

Research Director

Innovation Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Data Protection Officer

Intellectual Property Manager

Head of Operations

Project Manager

Chief Financial Officer

Partnership Manager

International Business Developer

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts, including formation, validity, and enforcement of contractual obligations in Belgium
Belgian Trade Secrets Act of 2018: Implementation of EU Trade Secrets Directive, defining trade secrets, requirements for protection, and remedies for misappropriation
Belgian Data Protection Act of 2018: National implementation of GDPR, governing processing and protection of personal data, including confidential information
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing personal data protection, including requirements for cross-border data transfers
Belgian Code of Economic Law: Contains provisions on unfair competition and business practices, relevant for protecting confidential business information
Belgian Code of Private International Law: Governs cross-border legal issues, including jurisdiction and enforcement of confidentiality agreements with international parties
Belgian Employment Contracts Act: Contains provisions regarding employee confidentiality obligations and post-employment restrictions
EU Rome I Regulation: Determines applicable law for contractual obligations in civil and commercial matters within the EU
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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