Multilateral Non Disclosure Agreement - Germany

Multilateral Non Disclosure Agreement for Germany

Multilateral Non Disclosure Agreement Template for Germany

A comprehensive non-disclosure agreement governed by German law, designed for multiple parties to protect confidential information exchanged in business relationships. This agreement incorporates requirements from the German Trade Secrets Act (GeschGehG), German Civil Code (BGB), and where applicable, GDPR compliance measures. It provides robust mechanisms for managing confidential information sharing among multiple parties while ensuring enforceability under German jurisdiction, including specific provisions for adding or removing parties, detailed security measures, and clear obligations for all participants.

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What is a Multilateral Non Disclosure Agreement?

This Multilateral Non Disclosure Agreement is designed for complex business relationships where multiple parties need to share confidential information while ensuring robust protection under German law. It is particularly suitable for joint ventures, research collaborations, industry consortiums, or multi-party business projects where sensitive information needs to be exchanged. The agreement incorporates specific requirements of the German Trade Secrets Act (GeschGehG), addresses GDPR compliance where personal data is involved, and includes mechanisms for party addition/removal. It is structured to accommodate various types of confidential information including technical data, business plans, intellectual property, and trade secrets, while ensuring practical enforceability in German courts.

What sections should be included in a Multilateral Non Disclosure Agreement?

1. Parties: Identification of all initial parties to the agreement, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of information sharing

3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Recipients', 'Permitted Purpose', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including explicit reference to trade secrets under GeschGehG

5. Obligations of Confidentiality: Core confidentiality obligations, including specific protection measures required under German law

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to affiliated companies and professional advisors

7. Security Measures: Required technical and organizational measures to protect confidential information as per German trade secret law

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

9. Duration and Termination: Term of the agreement and survival of obligations

10. Breach and Remedies: Consequences of breach, including specific remedies under German law

11. General Provisions: Standard clauses including governing law, jurisdiction, and severability

What sections are optional to include in a Multilateral Non Disclosure Agreement?

1. Data Protection: Required when confidential information includes personal data, addressing GDPR compliance

2. Addition and Removal of Parties: Mechanism for adding or removing parties from the agreement, recommended for long-term NDAs

3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)

4. Export Control: Required when confidential information may be subject to export control regulations

5. Competitive Restrictions: Non-compete or non-solicitation provisions, subject to German competition law restrictions

6. Force Majeure: Provisions for extraordinary circumstances affecting compliance with the agreement

What schedules should be included in a Multilateral Non Disclosure Agreement?

1. Schedule 1 - Initial Parties: List of all initial parties with full details and signing blocks

2. Schedule 2 - Authorized Recipients: List of pre-approved individuals or categories of persons who may access confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational measures for protecting confidential information

4. Schedule 4 - Form of Accession Deed: Template for adding new parties to the agreement

5. Schedule 5 - Form of Withdrawal Notice: Template for parties to withdraw from the agreement

6. Appendix A - Specific Types of Confidential Information: Detailed categorization of confidential information specific to the transaction or relationship

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Generate a Bespoke Document

Download a Standard Multilateral Non Disclosure Agreement

Review your own Multilateral Non Disclosure Agreement

What is a Multilateral Non Disclosure Agreement?

What sections should be included in a Multilateral Non Disclosure Agreement?

What sections are optional to include in a Multilateral Non Disclosure Agreement?

What schedules should be included in a Multilateral Non Disclosure Agreement?

Authors

Alex Denne

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