The General NDA Agreement is a fundamental legal instrument used to establish confidentiality obligations between parties engaging in business discussions or collaborations under Belgian law. This document is essential when parties need to share sensitive information such as trade secrets, business strategies, technical knowledge, or other proprietary data. It provides a framework compliant with Belgian civil law, the Belgian Trade Secrets Act of 2018, and EU regulations including GDPR. The agreement is particularly relevant for initial business discussions, due diligence processes, potential partnerships, or any situation where confidential information needs protection. It includes comprehensive provisions for information handling, security measures, and breach remedies, while ensuring alignment with both Belgian and EU legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registered addresses, and company registration numbers
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other key terms
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 employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: GDPR compliance provisions when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Compliance with export control laws when information may be subject to international transfer restrictions
5. Assignment and Succession: Rules for transferring rights and obligations under the agreement
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors
7. Electronic Execution: Provisions for electronic signature and execution when agreement is concluded digitally
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures for protecting confidential information
4. Schedule 4 - Disclosure Log: Template for recording authorized disclosures of confidential information
5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
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