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Real Estate Non Disclosure Agreement

Real Estate Non Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Real Estate Non Disclosure Agreement

"I need a Real Estate Non Disclosure Agreement under Belgian law for a potential sale of a large commercial property portfolio to an international investment fund, with specific provisions for handling digital property documentation and multiple authorized representatives across different jurisdictions."

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Document background
This Real Estate Non Disclosure Agreement is essential for protecting confidential information in property-related transactions under Belgian law. It should be used whenever parties need to exchange sensitive information during property negotiations, due diligence processes, or real estate development projects. The document covers various types of confidential information including property valuations, financial data, development plans, tenant information, and strategic property-related decisions. It incorporates Belgian legal requirements, including compliance with the Civil Code, GDPR, and specific real estate regulations. The agreement is particularly important in Belgium's active real estate market, where property transactions often involve multiple stakeholders and complex negotiations requiring robust confidentiality protection.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the agreement, including the nature of the real estate transaction or relationship being contemplated

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

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

7. Data Protection Compliance: GDPR and Belgian Privacy Act compliance provisions for handling personal data

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

9. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends or upon request

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

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

Optional Sections

1. Real Estate Agent Obligations: Specific provisions for when real estate agents are involved in the transaction

2. Third Party Rights: Provisions regarding the rights of third parties, particularly relevant when multiple stakeholders are involved

3. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when dealing with commercially sensitive property information

4. Assignment: Provisions regarding the ability to assign rights under the NDA, particularly relevant for corporate transactions

5. Prior Agreements: Provisions addressing existing NDAs or confidentiality obligations regarding the same property

6. Electronic Storage: Specific provisions for digital storage and transmission of confidential information

7. Severability: Provisions ensuring remainder of agreement stays valid if certain parts are found unenforceable

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the real estate property or properties covered by the NDA

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

3. Schedule 3 - Security Measures: Specific security protocols for handling and storing confidential information

4. Appendix A - Document Categories: Categorization of different types of confidential documents and their handling requirements

5. Appendix B - Notification Requirements: Specific procedures for notifications regarding breaches or required disclosures

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
Agreement
Confidential Information
Property
Permitted Purpose
Disclosure Period
Confidentiality Period
Representatives
Affiliate
Personal Data
Permitted Recipients
Professional Advisers
Data Protection Laws
Property Information
Transaction
Business Day
Controller
Processor
Disclosing Party
Receiving Party
Effective Date
Group
Intellectual Property Rights
Market Sensitive Information
Property Documents
Security Requirements
Third Party
Due Diligence
Force Majeure
Material Breach
Proprietary Information
Real Estate Rights
Site
Technical Information
Term
Territory
Relevant Industries

Real Estate

Commercial Property

Residential Property

Construction

Property Development

Banking & Finance

Investment Management

Hospitality

Retail

Industrial & Logistics

Healthcare

Education

Relevant Teams

Legal

Real Estate

Investment

Operations

Finance

Acquisitions

Asset Management

Property Management

Development

Risk Management

Compliance

Facilities

Relevant Roles

Real Estate Manager

Property Development Director

Investment Analyst

Legal Counsel

Chief Investment Officer

Property Surveyor

Asset Manager

Acquisitions Manager

Real Estate Broker

Property Portfolio Manager

Development Director

Real Estate Finance Manager

Facilities Manager

Property Operations Director

Real Estate Investment Manager

Industries
Belgian Civil Code (Code civil/Burgerlijk Wetboek): Fundamental law governing contracts, property rights, and obligations between parties in Belgium. Articles 1101-1369 specifically cover contract formation and validity.
EU General Data Protection Regulation (GDPR): Regulation 2016/679 that governs the processing and protection of personal data, which may be included in real estate confidential information.
Belgian Property Law of 1851: Specific legislation governing real estate transactions and property rights in Belgium, including requirements for property transfers and related confidentiality.
Belgian Competition Act: Law governing competition and market practices, ensuring NDAs don't create unfair market restrictions or anti-competitive conditions.
Belgian Code of Economic Law: Contains provisions on fair trade practices and professional obligations in business transactions, including real estate dealings.
Professional Secrecy Act: Article 458 of the Belgian Criminal Code regarding professional confidentiality obligations, which may apply to real estate professionals.
Belgian Privacy Act: National law complementing GDPR, specifically addressing privacy and data protection in a Belgian context.
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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