This NDA Non Solicitation agreement is essential for businesses operating in Germany who wish to protect their confidential information while also preventing the solicitation of their employees, customers, and business partners. It is particularly relevant when entering into business discussions, partnerships, or employment relationships where sensitive information will be shared. The document complies with German legal requirements, including the GeschGehG (Trade Secrets Act), and includes appropriate limitations on non-solicitation provisions to ensure enforceability under German law. It's commonly used in business negotiations, potential mergers or acquisitions, strategic partnerships, and consulting arrangements where protecting both confidential information and business relationships is crucial.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Representatives', and 'Restricted Persons'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, with specific temporal and geographic scope
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Breach and Remedies: Consequences of breach and available legal remedies including potential liquidated damages
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability
1. Data Protection: GDPR compliance provisions, required when confidential information includes personal data
2. Non-Competition: Additional competition restrictions, if broader business protection is needed and compliant with German law
3. Assignment and Succession: Rules for transferring rights and obligations, needed for larger corporate entities
4. Specific Security Measures: Detailed technical and organizational measures for protecting confidential information, recommended for technical or highly sensitive information
5. Audit Rights: Rights to verify compliance with confidentiality obligations, useful for high-value or high-risk relationships
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value transactions
7. Translations: Provisions regarding official language and translations, needed when parties are from different jurisdictions
1. Schedule 1 - Confidential Information: Detailed description or categorization of the confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Restricted Persons/Entities: Specific identification of persons or entities covered by non-solicitation provisions
4. Schedule 4 - Security Protocols: Specific security measures and procedures for handling confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template agreement for representatives or employees who will have access to confidential information
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