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Non Compete Non Disclosure Agreement

Non Compete Non Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Non Compete Non Disclosure Agreement

"I need a Non Compete Non Disclosure Agreement under Belgian law for a senior software developer joining my fintech company in March 2025, with specific focus on protecting our proprietary trading algorithms and client relationships for a 12-month post-employment period."

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Document background
This Non Compete Non Disclosure Agreement is essential for businesses operating in Belgium seeking to protect their confidential information and maintain competitive advantage. The document is particularly relevant when engaging with employees, contractors, or business partners who will have access to sensitive business information and could potentially compete with the business in the future. It must comply with Belgian legal requirements, including the provision of reasonable compensation for non-compete restrictions, specific temporal and geographical limitations, and clear definition of restricted activities. The agreement addresses both the protection of confidential information under EU trade secrets legislation and competitive restrictions under Belgian employment and competition law. It is commonly used during employee onboarding, business partnerships, or when engaging contractors with access to sensitive information.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Territory'

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

6. Non-Compete Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations as required by Belgian law

7. Compensation: Financial compensation for the non-compete restrictions as required under Belgian law

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

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

10. Remedies: Available remedies in case of breach, including injunctive relief and damages

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and protection, used when specific IP assets need protection

2. Data Protection: Specific GDPR compliance provisions, required when personal data is involved

3. Non-Solicitation: Additional restrictions on soliciting employees or customers, used when personnel or client protection is crucial

4. Audit Rights: Rights to audit compliance with the agreement, useful for high-security or regulated industries

5. Third Party Rights: Provisions regarding the rights of group companies or affiliated entities, used in corporate group contexts

6. Special Industry Requirements: Industry-specific provisions, used when required by specific sector regulations

Suggested Schedules

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

2. Schedule 2 - Restricted Activities: Specific description of prohibited competitive activities

3. Schedule 3 - Territory: Detailed definition of geographical scope of restrictions with maps or specific boundaries

4. Schedule 4 - Compensation Structure: Detailed breakdown of financial compensation for non-compete restrictions

5. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information

6. Appendix B - Authorized Recipients: List of persons authorized to receive confidential information and their obligations

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
Confidential Information
Trade Secrets
Competitive Activities
Territory
Restricted Period
Group Companies
Intellectual Property Rights
Permitted Purpose
Permitted Recipients
Business
Compensation
Competitive Products/Services
Confidential Materials
Disclosing Party
Recipient
Effective Date
Personal Data
Professional Services
Representatives
Restricted Customers
Security Requirements
Termination Date
Unauthorized Disclosure
Affiliated Companies
Market Area
Business Relationship
Competing Business
Commercial Secrets
Technical Information
Know-How
Trade Area
Protected Information
Business Opportunities
Key Personnel
Strategic Information
Relevant Industries

Technology

Pharmaceutical

Financial Services

Manufacturing

Professional Services

Research and Development

Healthcare

Biotechnology

Software Development

Management Consulting

Engineering

Telecommunications

Energy

Chemical Industry

Consumer Goods

Relevant Teams

Legal

Human Resources

Research & Development

Executive Leadership

Sales

Product Development

Information Technology

Engineering

Business Development

Marketing

Operations

Finance

Strategy

Customer Success

Professional Services

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Developer

Research Scientist

Business Development Manager

Sales Director

Product Manager

Technical Consultant

Senior Engineer

Financial Analyst

Marketing Director

Operations Manager

Strategy Consultant

Data Scientist

Account Executive

Project Manager

Research Director

Technical Lead

Business Analyst

Senior Consultant

Industries
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Provides the fundamental principles of contract law, including formation, validity, and enforcement of contracts in Belgium
Belgian Employment Contracts Act of 3 July 1978: Regulates non-compete clauses in employment relationships, including requirements for validity such as geographical limitations, duration, and compensation
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Contains provisions on unfair competition and business practices, particularly relevant for non-compete restrictions
EU Trade Secrets Directive (2016/943) as implemented in Belgian Law: Governs the protection of confidential information and trade secrets, providing framework for non-disclosure provisions
Belgian Data Protection Act of 30 July 2018: Implements GDPR and regulates personal data protection, relevant for confidentiality obligations involving personal data
EU General Data Protection Regulation (GDPR): Regulates the processing and protection of personal data, affecting confidentiality obligations involving personal information
Belgian Competition Act: Sets boundaries for competitive restrictions and helps determine the reasonableness of non-compete provisions
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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