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Non Disclosure Agreement

Non Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Non Disclosure Agreement

"I need a Non Disclosure Agreement under Belgian law for a potential joint venture with a tech startup, where we'll be sharing sensitive product development information and customer data, with extra protection for our AI algorithms and trade secrets."

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Document background
This Non Disclosure Agreement template is essential for businesses and individuals operating under Belgian jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative projects. The document is particularly relevant in today's data-driven business environment, where protecting proprietary information and trade secrets is crucial. It incorporates specific requirements under Belgian law, including the implementation of EU Directive 2016/943 on trade secrets and GDPR considerations. This NDA is commonly used in situations such as business partnerships, employment relationships, investor discussions, and service provider engagements, providing a robust framework for confidentiality obligations while ensuring compliance with Belgian legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including full legal names, registered addresses, and company registration numbers if applicable

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliate'

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

5. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law

6. Security Measures: Specific measures required to protect confidential information, including digital and physical security requirements

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

8. Duration and Survival: Term of the agreement and which obligations survive termination

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

10. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement

Optional Sections

1. Data Protection: Additional provisions when personal data is involved, ensuring GDPR compliance

2. Intellectual Property: Specific provisions regarding IP rights when technical information or trade secrets are involved

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

4. Export Control: Provisions for compliance with export control laws when international transfers are involved

5. Residual Information: Provisions addressing use of residual knowledge, particularly relevant for consulting relationships

6. Competition Law Compliance: Specific provisions ensuring compliance with Belgian competition law when parties are competitors

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed categorization of information considered confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

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

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations

5. Appendix B - Data Processing Terms: Additional terms when personal data processing is involved (GDPR compliance)

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 Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Research & Development

Biotechnology

Energy

Telecommunications

Real Estate

Education

Retail

Media & Entertainment

Construction

Automotive

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Procurement

Operations

Compliance

Innovation

Commercial

Strategic Partnerships

Corporate Development

Risk Management

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Human Resources Director

Chief Technology Officer

Project Manager

Research Director

Investment Manager

Procurement Manager

Operations Director

Chief Financial Officer

Compliance Officer

Innovation Manager

Strategic Partnership Director

Commercial Director

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts, including formation, validity, and enforcement of agreements. Articles 1101-1369 specifically deal with contractual obligations.
Act of 30 July 2018 on Trade Secrets: Belgian implementation of EU Directive 2016/943 on trade secrets, defining protected information and remedies for breach.
Belgian Data Protection Act of 30 July 2018: National implementation of GDPR, crucial when NDA covers personal data processing or transfer.
Belgian Competition Act of 2019: Ensures NDA provisions don't constitute unfair competition or excessive restrictions on trade.
Belgian Employment Contracts Act: Relevant when NDA involves employees, governing confidentiality obligations during and after employment.
Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Contains provisions on unfair commercial practices and business-to-business relationships affecting confidentiality obligations.
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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