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The Declaration of Confidentiality is essential for any business relationship or employment situation where confidential information needs to be shared under German law. This document is particularly important given Germany's strict trade secret protection regime under the GeschGehG, which implements the EU Trade Secrets Directive. It should be used whenever parties need to exchange sensitive information such as trade secrets, technical know-how, business strategies, or customer data. The document helps establish appropriate safeguards required by German law, including defining reasonable protection measures and clear confidentiality obligations. It's particularly relevant in business negotiations, employment relationships, consulting arrangements, and collaborative projects where proprietary information needs protection. The declaration must comply with German civil law principles while balancing legitimate business interests with individual rights under German constitutional law.

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the confidentiality agreement, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including explicit examples where appropriate

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and non-use of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Required measures for protecting confidential information, aligned with GeschGehG requirements

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Survival: Duration of the agreement and survival of obligations after termination

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes