This Confidentiality Contract is essential for businesses operating under Belgian law who need to protect sensitive information during commercial negotiations, partnerships, or other business relationships. The document is particularly relevant given Belgium's position as a major international business hub and EU center, requiring compliance with both Belgian domestic law and European Union regulations. The agreement covers various types of confidential information including trade secrets, technical know-how, business strategies, and personal data subject to GDPR. It's commonly used in situations ranging from potential mergers and acquisitions to technology licensing, joint ventures, and service provider relationships. The contract includes specific provisions required under Belgian law for enforceability and provides clear mechanisms for protecting confidential information in line with the Belgian Trade Secrets Act of 2018.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definition of Confidential Information, Permitted Purpose, Affiliates, and other key terms
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed to employees, advisors, or as required by law
6. Security Measures: Required security measures for protecting confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
8. Duration: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions for GDPR compliance when personal data is involved
2. Intellectual Property: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
4. Representatives and Warranties: Additional warranties regarding authority to disclose and accuracy of information
5. Export Control: Provisions for international transfer of technical data or technology
6. Force Majeure: Provisions for extraordinary events affecting performance of obligations
7. Insurance: Requirements for insurance coverage for potential breaches
1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or third parties
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