This Commercial Non Disclosure Agreement is essential for businesses operating under Belgian law who need to protect confidential information during business negotiations, partnerships, or other commercial relationships. It is particularly relevant when parties need to share sensitive business information, trade secrets, technical knowledge, or proprietary data while ensuring legal protection under Belgian jurisdiction. The document incorporates requirements from Belgian trade secrets legislation (Act of 30 July 2018) and aligns with EU regulations, making it suitable for both domestic and cross-border commercial relationships. This type of agreement is commonly used in pre-contract negotiations, due diligence processes, joint ventures, and other business collaborations where confidential information needs to be shared while maintaining legal protection and clear enforcement mechanisms.
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1. Parties: Identification of the parties entering into the NDA, including their legal form under Belgian law and registered addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the business relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted 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 duty of care, non-disclosure, and non-use provisions
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach, including remedies and enforcement provisions under Belgian law
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Unilateral/Mutual Obligations: Additional section when agreement needs to specify different obligations for each party in case of mutual information sharing
2. Data Protection: Required when confidential information includes personal data subject to GDPR
3. Competition Law Compliance: Needed when parties are competitors or in the same industry
4. Intellectual Property Rights: Required when confidential information includes IP or when development of new IP is contemplated
5. Employee and Contractor Obligations: Needed when agreement covers obligations of employees or contractors
6. Export Control: Required when confidential information may be subject to export control regulations
7. Audit Rights: Optional section granting right to audit compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or categories of persons authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients to sign
5. Schedule 5 - Data Processing Terms: Required GDPR-compliant data processing terms if personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Healthcare and Life Sciences
Financial Services
Telecommunications
Energy and Utilities
Research and Development
Consumer Goods
Industrial Products
Automotive
Chemical Industry
Pharmaceuticals
Construction
Real Estate
Food and Beverage
Retail
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Procurement
Operations
Finance
Sales
Strategy
Compliance
Information Security
Product Development
Commercial Operations
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research and Development Director
Project Manager
Commercial Director
Chief Financial Officer
Operations Manager
Procurement Manager
Strategic Partnerships Manager
Innovation Manager
Contract Manager
Compliance Officer
Chief Information Security Officer
Technical Director
Sales Director
Business Unit Manager
Head of Strategy
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