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Mutual Non Circumvention Non Disclosure Agreement for Belgium

Mutual Non Circumvention Non Disclosure Agreement Template for Belgium

This document is a comprehensive Mutual Non-Circumvention Non-Disclosure Agreement governed by Belgian law, designed to protect both confidential information and business relationships between parties. It establishes reciprocal obligations to maintain confidentiality of sensitive information and prevents parties from bypassing each other in business opportunities. The agreement incorporates Belgian legal requirements, including provisions from the Belgian Code of Economic Law regarding trade secrets and fair competition, while also ensuring compliance with EU regulations such as GDPR where applicable. It provides detailed mechanisms for protecting confidential information, defining permitted uses, and establishing remedies for breach.

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What is a Mutual Non Circumvention Non Disclosure Agreement?

The Mutual Non Circumvention Non Disclosure Agreement (NCNDA) is essential for business relationships where parties need to protect both confidential information and business opportunities. This document is particularly relevant when parties are exploring potential business ventures, partnerships, or commercial opportunities where there's a need to share sensitive information while ensuring that neither party circumvents the other in business dealings. Governed by Belgian law, it combines elements of confidentiality protection under the Belgian Code of Economic Law with non-circumvention provisions to prevent parties from bypassing each other in business relationships. The agreement is commonly used in scenarios involving business introductions, joint ventures, or complex commercial transactions where intermediaries or business relationships need protection. It includes specific provisions for both protecting confidential information and maintaining the integrity of business relationships, making it suitable for various commercial contexts ranging from simple two-party arrangements to complex multi-party business dealings.

What sections should be included in a Mutual Non Circumvention Non Disclosure Agreement?

1. Parties: Identification and details of all contracting parties

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Definitions of key terms including Confidential Information, Business Opportunity, Circumvention, and other relevant terms

4. Confidentiality Obligations: Detailed obligations regarding the protection and non-disclosure of confidential information

5. Non-Circumvention Obligations: Specific commitments regarding non-circumvention of business relationships and opportunities

6. Term and Survival: Duration of the agreement and which provisions survive termination

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination

9. Security Measures: Required security measures for protecting confidential information

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Mutual Non Circumvention Non Disclosure Agreement?

1. Specific Business Opportunities: Used when the agreement relates to specific identified business opportunities rather than a general relationship

2. Commission Protection: Include when parties want to protect commission or fee arrangements

3. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection

4. Data Protection Compliance: Include when personal data will be shared under the agreement

5. Non-Solicitation: Include when parties wish to prevent solicitation of employees or clients

6. Assignment and Succession: Include when transfer rights need to be specifically addressed

7. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration over court proceedings

What schedules should be included in a Mutual Non Circumvention Non Disclosure Agreement?

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive confidential information

2. Schedule 2 - Specific Confidential Information: Detailed description of the confidential information covered

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Notification Details: Contact details and procedures for required notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Research and Development

Healthcare

Biotechnology

Real Estate

Energy

Telecommunications

Business Consulting

International Trade

Investment Banking

Private Equity

Mergers and Acquisitions

Relevant Teams

Legal

Business Development

Commercial

Corporate Development

Mergers & Acquisitions

Strategy

Executive Leadership

Research & Development

Innovation

Compliance

Finance

Partnerships

International Business

Contract Management

Relevant Roles

Chief Executive Officer

Business Development Manager

Commercial Director

Legal Counsel

Chief Financial Officer

Partnership Manager

Investment Manager

Business Broker

Merger & Acquisition Specialist

Strategy Director

Innovation Manager

Research Director

Project Manager

Compliance Officer

Contract Manager

Business Consultant

Corporate Development Manager

Chief Technology Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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