This Confidentiality Agreement Wording is designed for use under Belgian law when parties need to exchange sensitive business or technical information while ensuring legal protection. It incorporates requirements from the Belgian Trade Secrets Act of 2018, the Belgian Civil Code, and relevant EU regulations including GDPR. The document is particularly valuable for business transactions, partnerships, or negotiations where confidential information needs to be shared. It provides comprehensive coverage of various types of confidential information, from trade secrets and technical know-how to business strategies and personal data, while ensuring enforceability under Belgian jurisdiction. The agreement is structured to accommodate both domestic Belgian business relationships and international transactions where Belgian law is chosen as the governing law.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and authorities
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Data Protection: GDPR compliance provisions when personal data is involved in the confidential information
2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes IP
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 dealing with international transfers
5. Competition Law Compliance: Specific provisions ensuring compliance with EU and Belgian competition laws
6. Force Majeure: Provisions for extraordinary events affecting confidentiality obligations
7. Insurance Requirements: Obligations to maintain specific insurance coverage for confidential information
8. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for highly sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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