This Non-Disclosure Agreement For Employees is essential for organizations operating in Belgium who need to protect their confidential information and trade secrets while maintaining compliance with Belgian employment law. The document is typically used at the commencement of employment or when an existing employee gains access to sensitive information. It covers definitions of confidential information, employee obligations, permitted disclosures, and return of information requirements. The agreement is specifically drafted to comply with Belgian trade secrets legislation, employment laws, and EU GDPR requirements, making it suitable for both domestic Belgian companies and international organizations with Belgian operations. It includes provisions that are enforceable under Belgian law and balances the employer's need for information protection with employee rights and reasonable restrictions.
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1. Parties: Identification of the employer and employee, including legal names and addresses
2. Background: Context of the employment relationship and purpose of the NDA
3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and trade secrets
5. Obligations of Confidentiality: Employee's specific duties regarding confidential information, including non-use and non-disclosure
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and job necessities
7. Security Measures: Specific measures employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in effect
10. General Provisions: Standard clauses including severability, entire agreement, and amendments
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and competent courts
1. Whistleblower Protection: Section protecting employee rights to report illegal activities to authorities, used when organization wants to explicitly acknowledge these rights
2. Personal Data Processing: Additional section when employee will handle personal data, including GDPR compliance obligations
3. Third Party Information: Section covering confidential information belonging to clients or business partners, used when employee will have access to such information
4. Intellectual Property Rights: Additional provisions regarding IP when employee will be involved in creative or innovative work
5. Post-Employment Obligations: Specific post-employment confidentiality obligations, used when additional post-termination protections are needed
6. Industry-Specific Obligations: Additional obligations specific to certain industries (e.g., financial services, healthcare)
1. Schedule 1: Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2: Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3: Approved Third Party Recipients: List of approved third parties with whom confidential information may be shared
4. Appendix A: Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of NDA
5. Appendix B: Return of Information Certificate: Template certificate for confirming return of confidential information upon employment termination
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