The Release of Confidentiality Form is a crucial legal document used in Belgian business and professional contexts when parties need to formally discharge confidentiality obligations. It's typically employed when circumstances require the disclosure of previously confidential information, such as during mergers and acquisitions, when employees transition to new roles, or when business relationships evolve. The document must comply with Belgian law, including the Civil Code, Data Protection Act, and Trade Secrets legislation, while also adhering to EU regulations like GDPR. This form carefully balances the need for information sharing with legal protection, specifying exactly what information can be disclosed, under what circumstances, and any remaining confidentiality obligations.
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1. Parties: Identification of the party releasing confidentiality obligations (Releasor) and the party being released (Releasee), including full legal names, addresses, and registration details if companies
2. Background: Context of the original confidentiality obligation and the reason for its release
3. Definitions: Key terms including 'Confidential Information', 'Original Agreement', 'Effective Date', and 'Release Period'
4. Scope of Release: Specific description of what confidential information is being released and the extent of the release
5. Release Terms: Express terms of release, including any limitations or conditions
6. Surviving Obligations: Any confidentiality obligations that will remain in effect
7. Warranties and Representations: Statements by both parties regarding their authority to enter into the release and understanding of its implications
8. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Third Party Rights: Section to be included when the confidential information involves or affects third parties
2. Data Protection Compliance: Required when the confidential information includes personal data under GDPR
3. Partial Release: Include when only certain aspects of the confidentiality obligations are being released while others remain in force
4. Return of Materials: Include when physical or electronic materials containing confidential information need to be returned or destroyed
5. Non-Disparagement: Optional clause preventing parties from making negative statements about each other
6. Consideration: Include when the release is given in exchange for payment or other consideration
1. Schedule 1 - Original Confidentiality Agreement: Copy or reference to the original confidentiality agreement being released
2. Schedule 2 - Specified Confidential Information: Detailed list or description of the confidential information being released
3. Schedule 3 - Release Limitations: If applicable, specific limitations or conditions on the release
4. Appendix A - Data Processing Details: Required when personal data is involved, detailing the types of data and processing activities affected by the release
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