The Client Disclosure Agreement serves as a critical legal instrument in Belgian professional relationships where confidential information needs to be shared between service providers and their clients. This document is essential when engaging in professional services, consultancy, or any business relationship requiring the exchange of sensitive information. It ensures compliance with Belgian privacy laws, including the Belgian Data Protection Act and GDPR, while addressing specific professional secrecy obligations under Belgian law. The agreement is particularly important in regulated industries and professional services where client confidentiality is paramount. It provides a framework for defining confidential information, establishing handling procedures, and setting out clear obligations for all parties involved in the information exchange.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and registered addresses
2. Background: Context of the disclosure relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Authorized Purpose', 'Authorized Recipients', 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 and to whom
7. Data Protection Compliance: GDPR and Belgian Data Protection Act compliance requirements and obligations
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Term and Survival: Duration of the agreement and obligations that survive termination
10. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Professional Secrecy Obligations: Additional section for regulated professions subject to specific professional secrecy requirements under Belgian law
2. International Data Transfers: Required when confidential information may be transferred outside the EEA
3. Industry-Specific Requirements: Additional provisions for specific industries (e.g., financial services, healthcare)
4. Audit Rights: Optional provisions allowing the disclosing party to audit compliance
5. Insurance Requirements: Specific insurance obligations for handling sensitive information
6. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
7. Language: Required for agreements that may be executed in multiple languages, specifying the prevailing version
1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types and categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms where personal data is involved
5. Appendix A - Contact Details: Contact information for key personnel and notices
6. Appendix B - Information Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
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