Proprietary Information Exchange Agreement

Proprietary Information Exchange Agreement Template for Belgium

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Key Requirements PROMPT example:

"I need a Proprietary Information Exchange Agreement under Belgian law for a technology company sharing software development information with a potential investor, with specific provisions for protecting source code and technical documentation."

Document background

The Proprietary Information Exchange Agreement is essential for businesses and organizations that need to share sensitive information while ensuring its confidentiality and legal protection. This document is particularly relevant in contexts such as business negotiations, due diligence processes, joint ventures, or collaborative projects where proprietary information needs to be disclosed. Under Belgian law, this agreement provides a robust framework for protecting trade secrets and confidential information, incorporating requirements from both Belgian national law (including the Belgian Trade Secrets Act) and EU regulations. It is commonly used before entering into more detailed commercial arrangements or when exploring potential business relationships where sensitive information needs to be shared. The agreement helps parties manage risks associated with information disclosure while providing clear mechanisms for enforcement under Belgian jurisdiction.

Suggested Sections

1. Parties: Identification of the parties exchanging confidential information, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and purpose of information exchange

3. Definitions: Definitions of key terms, including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including protection standards and permitted uses

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

7. Information Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Termination: Term of the agreement and confidentiality obligations, termination provisions

10. Remedies: Available remedies in case of breach, including injunctive relief under Belgian law

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

Optional Sections

1. Data Protection: Specific provisions addressing GDPR compliance when personal data is involved

2. Intellectual Property Rights: Clarification of IP ownership and rights when technical information or trade secrets are involved

3. Export Control: Required when information subject to export control regulations is being exchanged

4. Competition Law Compliance: Specific provisions when parties are competitors or information exchange could raise competition law concerns

5. Residual Knowledge: Provisions addressing use of general knowledge retained by recipients

6. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

7. Marking Requirements: Specific requirements for marking or identifying confidential information

8. Group Company Rights: Provisions extending rights to affiliated companies when corporate groups are involved

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2 - Security Protocols: Detailed information security requirements and procedures

3. Schedule 3 - Permitted Purpose Details: Detailed description of the specific purpose for which information may be used

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

5. Appendix B - Return/Destruction Certificate: Form for certifying return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Telecommunications

Energy

Automotive

Aerospace

Consumer Goods

Chemical Industry

Pharmaceuticals

Software Development

Real Estate

Construction

Education

Relevant Teams

Legal

Compliance

Research and Development

Information Technology

Business Development

Human Resources

Finance

Operations

Procurement

Information Security

Corporate Strategy

Innovation

Intellectual Property

Risk Management

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Legal Counsel

Business Development Manager

Research Director

Project Manager

Innovation Manager

Procurement Manager

Human Resources Director

Information Security Officer

Compliance Officer

Commercial Director

Operations Manager

Technology Transfer Officer

Investment Manager

Partnership Manager

Intellectual Property Manager

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