This Mutual NDA template is specifically designed for use under Belgian law when two or more parties need to exchange confidential information while ensuring mutual protection. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation requiring the sharing of sensitive business information. The document incorporates requirements from the Belgian Trade Secrets Act of 2018 and relevant EU regulations, making it suitable for both domestic Belgian transactions and international business dealings where Belgian law is chosen as the governing law. This template includes comprehensive provisions for defining confidential information, establishing security measures, outlining permitted uses, and specifying remedies in case of breach, all while ensuring compliance with Belgian legal requirements and business practices.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, addresses, and registration details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core mutual obligations regarding protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Required security measures for protecting confidential information, as required by Belgian Trade Secrets Act
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Remedies: Legal remedies available in case of breach, including specific provisions for injunctive relief under Belgian law
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR and Belgian Data Protection Act
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-protected materials
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, subject to Belgian competition law limitations
4. Export Control: Provisions for international data transfers when parties are from different jurisdictions
5. Translations: Language provisions when parties require agreement in multiple languages
6. Force Majeure: Provisions for extraordinary circumstances affecting ability to protect confidential information
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used
2. Schedule 2 - Security Protocols: Specific security measures and protocols required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Types of Confidential Information: Detailed categorization of different types of confidential information covered
5. Appendix B - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved
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