This Custom NDA template is designed for use in the German legal context, providing a flexible framework for protecting confidential information in various business relationships. It is particularly valuable when standard NDAs are insufficient due to complex requirements or specific business needs. The document incorporates key provisions required under German law, including the German Civil Code (BGB) and the German Trade Secrets Act (GeschGehG), while allowing customization for specific business scenarios. It can be adapted for bilateral or unilateral confidentiality obligations and includes provisions for both corporate and individual parties. The agreement is structured to provide robust protection while remaining enforceable under German law, making it suitable for domestic and international business relationships involving German entities or German law as the governing law.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies including Vertragsstrafe (contractual penalty)
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Specific provisions for handling personal data under GDPR and BDSG - include when personal data will be shared
2. Intellectual Property Rights: Provisions clarifying IP ownership and licenses - include when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers - include for business-critical relationships
4. Non-Competition: Competitive restrictions - include when sharing highly sensitive business information
5. Residual Knowledge: Provisions regarding use of retained knowledge - include for technology or know-how related NDAs
6. Export Control: Compliance with export control laws - include when information may be subject to export restrictions
7. Group Company Rights: Rights of affiliated companies - include when parties are part of larger corporate groups
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for information protection
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Pharmaceuticals
Professional Services
Research & Development
Software Development
Telecommunications
Automotive
Energy
Biotechnology
Industrial Engineering
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Human Resources
Finance
Procurement
Compliance
Operations
Information Technology
Corporate Development
Strategic Partnerships
Product Development
Investment
Innovation
Relevant Roles
Legal Counsel
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Research Director
Project Manager
Innovation Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Investment Manager
Operations Director
Compliance Officer
Contract Manager
Strategic Partnerships Manager
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