This Confidentiality Non Disclosure Agreement template is designed for use in business relationships where one or more parties need to share sensitive information under German law protection. It incorporates requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and where applicable, the GDPR. The document is particularly crucial for business negotiations, due diligence processes, joint ventures, service provider relationships, and employee or contractor engagements. It defines confidential information, establishes protection mechanisms, and outlines the obligations of all parties involved. This template is adaptable for both unilateral and mutual confidentiality obligations, while ensuring compliance with German legal requirements and business practices.
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1. Parties: Identification of the disclosing and receiving parties, including legal form and registration details as required under German law
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and trade secrets under German law
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and usage restrictions
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when personal data may be included in confidential information, addressing GDPR requirements
2. Employee and Subcontractor Obligations: Used when the receiving party needs to share information with employees or subcontractors
3. Reverse Engineering Prohibition: Important for technical or product-related confidential information
4. Non-Competition: Optional restrictions on competitive activities, subject to German competition law limitations
5. Residual Knowledge: Addressing use of general knowledge and experience gained, particularly relevant for employee-related NDAs
6. Export Control: Required when confidential information may be subject to export control regulations
7. Press Releases and Publicity: Controls on public announcements about the business relationship
1. Description of Confidential Information: Detailed list or categories of confidential information covered
2. Authorized Recipients: List of permitted recipients or categories of recipients
3. Security Protocols: Specific technical and organizational measures required
4. Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
5. Approved Purpose Description: Detailed description of the permitted use of confidential information
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