Confidentiality Clause in Belgium
Confidentiality Clause in BelgiumUpdated on Friday 11th September 2015
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Information protection in Belgium
Confidentiality clauses in Belgian contracts are common and their purpose is to secure special information or any information of a non-public, confidential or proprietary nature. The nature of the protected information can be commercial, financial, or technical. It can refer to the products of a company or their production and it can include information exchanged between parties. Our Belgian lawyers can help you draft different types of contracts and include specific and appropriate confidentiality clauses.
A confidentiality or non-disclosure clause may be included in any type of agreement or they may be drafted as a separate Confidentiality Agreement, where each situation is treated as a separate clause, according to its nature. Confidentiality clauses detail the obligations of the parties when receiving confidential information. Any breach may represent a clause for terminating the contract, as stipulated in the agreement and agreed by the parties.
Confidential information in Belgium
A standard definition for confidential information that is also applicable for agreements signed between Belgian parties is information that includes all and any non-public information, written or presented orally, disclosed directly or indirectly, irrespective of the means of communication. Confidentiality clauses can also include third party information. The party offering the information is called the Disclosing Party.
Confidentiality clauses in Belgium can be used in a large number of business fields. Depending on the type of company and its activity, confidential information may mean technical information (technical know-how, inventions, data, designs, programs, etc.) financial information (financial statements, business plans, strategic plans, etc.), employment information (trade secrets or any proprietary information disclosed during the employment period).
How to protect your business information in Belgium
Whenever signing contracts in Belgium you should make sure that the other party understands your intention to protect valuable information for your business. When hiring a new employee, business owners can request the employee to sign a nondisclosure agreement to protect any valuable information he or she has access to.
Any confidentiality agreement in Belgium should include a comprehensive definition of the confidential information that will be protected. It is not uncommon for confidentiality clauses to survive the termination of the agreement. Our Belgian lawyers can help you draft a specific confidentiality agreement, suited to the needs of your company.