This NDA For Small Business is designed to meet the specific needs of small businesses operating in Germany who need to protect their confidential information when engaging with various stakeholders. The document complies with the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and relevant EU regulations including GDPR. It's particularly useful when engaging with contractors, service providers, potential business partners, or temporary staff who need access to sensitive business information. The template balances comprehensive legal protection with practical usability, making it accessible for small business owners while ensuring proper safeguards for confidential information. It includes essential provisions for defining confidential information, establishing security measures, and outlining obligations for information handling and return.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with third parties
7. Security Measures: Required security measures for protecting confidential information as per German Trade Secrets Act
8. Return or Destruction of Information: Obligations regarding confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of German law and jurisdiction
1. Data Protection Compliance: Additional provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership when technical information or trade secrets are involved
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to business relationship
4. Breach Notification: Specific procedures for notifying breaches of confidentiality
5. Insurance Requirements: Requirements for insurance coverage for larger business relationships
6. Audit Rights: Right to audit compliance with confidentiality obligations, typically for more sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures required for protecting the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking by representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Retail
Healthcare
Financial Services
Construction
Food & Beverage
E-commerce
Education
Creative Industries
Consulting
Software Development
Real Estate
Digital Marketing
Relevant Teams
Legal
Human Resources
Operations
Finance
Information Technology
Business Development
Procurement
Administration
Executive Leadership
Project Management
Relevant Roles
Business Owner
Managing Director
CEO
Operations Manager
HR Manager
Project Manager
Legal Counsel
Business Development Manager
Finance Manager
IT Manager
Procurement Manager
Office Manager
Department Head
Startup Founder
Consultant
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