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Non Solicitation Non Disclosure Agreement

Non Solicitation Non Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Non Solicitation Non Disclosure Agreement

"I need a Belgian law Non Solicitation Non Disclosure Agreement for our upcoming merger discussions starting January 2025, protecting our tech company's source code and preventing the poaching of our development team during and for 12 months after the discussions."

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Document background
The Non-Solicitation Non-Disclosure Agreement is essential for businesses operating in Belgium that need to protect their confidential information and maintain stable business relationships. This document is particularly relevant when parties are entering into business discussions, negotiations, or collaborations where sensitive information needs to be shared. It addresses two critical aspects: preventing the unauthorized disclosure of confidential information and protecting against the solicitation of employees, customers, and business partners. The agreement is structured to comply with Belgian law, including the Trade Secrets Act of 2018 and relevant EU regulations, while maintaining practical enforceability. It's commonly used in scenarios such as business partnerships, potential mergers or acquisitions, consulting arrangements, and employment relationships where protection of business interests is paramount.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Solicitation', and other relevant terms

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

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed

6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers

7. Duration: Time period for both confidentiality and non-solicitation obligations

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

9. Security Measures: Required measures to protect confidential information

10. Breach and Remedies: Consequences of breach and available remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR - include when confidential information includes personal data

2. Intellectual Property: Specific provisions regarding IP rights - include when confidential information includes IP

3. Audit Rights: Right to audit compliance with the agreement - include for high-risk or regulated industries

4. Insurance: Requirements for insurance coverage - include for high-value agreements

5. Force Majeure: Provisions for extraordinary events - include when long-term obligations exist

6. Assignment: Rights to assign the agreement - include when parties likely to undergo corporate changes

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific security measures required for protecting confidential information

4. Appendix A - Contact Details: Key contacts for notices and escalation procedures

5. Appendix B - Standard Non-Disclosure Undertaking: Template undertaking for authorized recipients to sign

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
Disclosing Party
Receiving Party
Authorized Recipients
Affiliate
Business Day
Effective Date
Group
Permitted Purpose
Protected Business
Protected Person
Representatives
Restricted Period
Solicitation
Territory
Customer
Supplier
Business Partner
Employee
Personal Data
Data Protection Laws
Intellectual Property Rights
Related Persons
Security Requirements
Confidentiality Period
Material Breach
Proprietary Information
Trade Secret Holder
Unauthorized Access
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Biotechnology

Pharmaceuticals

Research and Development

Consulting

Software Development

Healthcare

Telecommunications

Energy

Retail

E-commerce

Industrial Services

Relevant Teams

Legal

Human Resources

Executive Leadership

Information Security

Research and Development

Business Development

Sales

Operations

Finance

Procurement

Risk Management

Compliance

Information Technology

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Human Resources Director

Business Development Manager

Chief Technology Officer

Project Manager

Research Director

Sales Director

Operations Manager

Finance Director

Procurement Manager

Information Security Officer

Legal Counsel

Risk Manager

Industries
Belgian Trade Secrets Act of 2018: Implementation of EU Directive 2016/943 on trade secrets, defining protected information and enforcement measures
Belgian Code of Economic Law Book VI: Regulates unfair competition and market practices, relevant for non-solicitation provisions
Belgian Civil Code Article 1134: Establishes the principle that agreements must be executed in good faith, crucial for NDAs
EU GDPR (General Data Protection Regulation): Relevant when confidential information includes personal data processing
Belgian Employment Contracts Act: Relevant for non-solicitation provisions affecting employment relationships
Belgian Competition Act: Ensures non-solicitation provisions don't violate competition law principles
EU Directive 2016/943: Original EU directive on trade secrets protection that influenced Belgian law
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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