This Commercial Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during commercial property transactions in Germany. It should be used whenever parties begin discussions or due diligence processes involving commercial real estate assets, where sensitive information such as property valuations, tenant details, financial projections, or development plans need to be shared. The document complies with German legal requirements, including the B眉rgerliches Gesetzbuch (BGB) for contract formation, Gesch盲ftsgeheimnisgesetz (GeschGehG) for trade secret protection, and relevant property laws. It's particularly important in the German market where property transactions often involve extensive due diligence and multiple stakeholders, requiring robust confidentiality protections that align with local legal standards and business practices.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses as required under German law
2. Background: Context of the potential real estate transaction and reason for information exchange
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Property', with specific focus on real estate-related terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the real estate context, including property details, financial information, and business plans
5. Permitted Use: Specific permitted uses of confidential information, limited to evaluation of the potential real estate transaction
6. Confidentiality Obligations: Core obligations regarding handling of confidential information, including security measures required under German law
7. Representatives and Third Parties: Provisions regarding disclosure to employees, advisors, and other permitted recipients
8. Return or Destruction of Information: Obligations regarding the handling of confidential information after termination or upon request
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach, including specific remedies available under German law
11. General Provisions: Standard provisions including notices, amendments, and severability under German law
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction of German courts
1. Data Protection: Specific section addressing GDPR compliance when personal data is involved in the disclosure
2. Non-Solicitation: Optional restrictions on soliciting employees or clients, if relevant to the transaction
3. Exclusivity: Optional provisions regarding exclusive negotiations for the property
4. Press Announcements: Provisions regarding public announcements about the potential transaction
5. Insurance Requirements: Specific insurance requirements for accessing or viewing the property
6. Property Access: Terms for physical access to the property during due diligence
7. Broker Relationships: Provisions regarding real estate brokers and their involvement
1. Schedule 1 - Property Details: Description and details of the subject property
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive confidential information
3. Schedule 3 - Security Measures: Specific security measures required for handling confidential information
4. Appendix A - Confirmation of Destruction: Template form for confirming destruction of confidential information
5. Appendix B - Confidentiality Undertaking: Template confidentiality undertaking for representatives and third parties
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Financial Services
Investment Management
Property Development
Construction
Retail
Hospitality
Healthcare
Industrial & Logistics
Professional Services
Insurance
Relevant Teams
Legal
Real Estate
Acquisitions
Investment
Finance
Compliance
Risk Management
Asset Management
Property Management
Due Diligence
Corporate Development
Facilities
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Due Diligence Manager
Asset Manager
Acquisitions Manager
Development Director
Real Estate Analyst
Transaction Manager
Portfolio Manager
Facility Manager
Real Estate Broker
Risk Manager
Compliance Officer
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