The Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings under German law and need to protect sensitive information exchanged during the process. This document becomes particularly important as arbitration proceedings often involve disclosure of trade secrets, business strategies, financial data, and other confidential information. The agreement ensures compliance with German legal requirements, including the German Code of Civil Procedure (ZPO), the German Trade Secrets Act, and data protection regulations. It establishes clear protocols for handling confidential information, defines permitted uses and disclosures, and sets out consequences for breach. The document is particularly crucial in international arbitrations where German law governs the proceedings and multiple parties need access to sensitive information.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the agreement, including reference to the arbitration proceedings or potential proceedings
3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration Proceedings', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding non-disclosure, use restrictions, and security measures for confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors, experts, and the arbitral tribunal
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the arbitration
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Arbitration Provisions: Specific provisions for arbitration including seat, rules, number of arbitrators, and language
11. Governing Law: Specification of German law as governing law and relevant jurisdictional provisions
12. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
13. General Provisions: Standard contractual provisions including severability, amendments, and notices
1. Electronic Data Protection: Special provisions for handling electronic data and cybersecurity measures, recommended when significant electronic data is involved
2. Third Party Service Providers: Provisions governing disclosure to and obligations of third-party service providers, needed when external vendors are involved
3. Internal Compliance Procedures: Specific internal procedures for handling confidential information, useful for complex organizations
4. Press and Public Communications: Guidelines for public communications about the arbitration, important for high-profile cases
5. Costs and Expenses: Allocation of costs related to confidentiality measures, relevant for complex security requirements
6. Insurance Requirements: Specific insurance obligations related to confidential information, important for high-value information
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Form of Confidentiality Undertaking: Template confidentiality undertaking for third parties who need access to confidential information
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential data
5. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
6. Appendix B - Notification Requirements: Specific requirements and procedures for notifications related to confidential information
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