Mutual NDA Template for Belgium

This Mutual NDA template is specifically designed for use under Belgian law when two or more parties need to exchange confidential information while ensuring mutual protection. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation requiring the sharing of sensitive business information. The document incorporates requirements from the Belgian Trade Secrets Act of 2018 and relevant EU regulations, making it suitable for both domestic Belgian transactions and international business dealings where Belgian law is chosen as the governing law. This template includes comprehensive provisions for defining confidential information, establishing security measures, outlining permitted uses, and specifying remedies in case of breach, all while ensuring compliance with Belgian legal requirements and business practices.

1. Parties: Identification of the parties entering into the NDA, including full legal names, addresses, and registration details

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

7. Security Measures: Required security measures for protecting confidential information, as required by Belgian Trade Secrets Act

8. Term and Survival: Duration of the agreement and survival of obligations after termination

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

10. Remedies: Legal remedies available in case of breach, including specific provisions for injunctive relief under Belgian law

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