The Confidentiality and Impartiality Agreement is essential in professional relationships where parties need access to sensitive information while maintaining objective and unbiased conduct. This document, governed by German law, is commonly used when engaging consultants, experts, board members, or service providers who will have access to confidential business information and need to maintain independence in their decision-making or advisory roles. It combines standard confidentiality provisions with specific impartiality requirements, ensuring compliance with German legal frameworks including the GeschGehG (Trade Secrets Act), GDPR, and relevant provisions of the German Civil Code (BGB). The agreement is particularly crucial in scenarios involving corporate governance, professional services, or situations where conflicts of interest must be actively managed and prevented.
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1. Parties: Identification of all contracting parties with full legal names and addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Impartiality', 'Permitted Purpose', and other relevant terms
4. Scope of Agreement: Clear delineation of what the agreement covers and its duration
5. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
6. Impartiality Requirements: Obligations to act impartially, avoid conflicts of interest, and maintain objectivity
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
8. Security Measures: Required measures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
10. Duration and Survival: Term of the agreement and which obligations survive termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Contractor Obligations: Additional provisions when the agreement covers employees or contractors of either party
2. Data Protection Compliance: Specific GDPR and BDSG compliance requirements when personal data is involved
3. Industry-Specific Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
4. Third Party Rights: Provisions regarding the rights of third parties whose confidential information may be involved
5. Competitive Restrictions: Additional non-compete or non-solicitation provisions if relevant to maintaining impartiality
6. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
7. Audit Rights: Rights to audit compliance with the agreement's obligations
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Reporting Requirements: Procedures for reporting potential breaches or conflicts of interest
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties to agree to the confidentiality obligations
6. Appendix B - Conflict Check Procedures: Procedures for identifying and managing potential conflicts of interest
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Professional Services
Manufacturing
Research & Development
Legal Services
Pharmaceuticals
Telecommunications
Energy
Aerospace & Defense
Management Consulting
Education
Biotechnology
Relevant Teams
Legal
Compliance
Human Resources
Research & Development
Finance
Procurement
Information Technology
Quality Assurance
Executive Leadership
Corporate Governance
Risk Management
Internal Audit
Strategy & Planning
Project Management Office
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Board Director
External Consultant
Independent Auditor
Legal Counsel
Compliance Officer
Research Scientist
Project Manager
Business Analyst
Technology Consultant
Strategic Advisor
Investment Manager
Human Resources Director
Procurement Manager
Quality Assurance Manager
Department Head
External Expert
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