The Non Circumvention Non Disclosure & Working Agreement is essential for businesses operating under German law who need to protect their interests while exploring or engaging in business relationships. This document is particularly relevant when parties are sharing sensitive business opportunities, confidential information, or establishing working relationships that require mutual trust and protection. It encompasses provisions compliant with German legislation, including the GeschGehG (Trade Secrets Act) and GDPR requirements, making it suitable for various business scenarios from joint ventures to business introductions. The agreement is designed to prevent parties from bypassing each other in business dealings, protect confidential information, and establish clear parameters for working relationships, all while ensuring enforceability under German jurisdiction.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including Confidential Information, Business Purpose, and Circumvention
4. Scope of Agreement: Overview of the three main components: confidentiality, non-circumvention, and working relationship
5. Confidentiality Obligations: Detailed provisions regarding the protection, use, and handling of confidential information
6. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings
7. Working Relationship: Terms governing the business collaboration between parties
8. Term and Termination: Duration of the agreement and conditions for termination
9. Return of Confidential Information: Procedures for returning or destroying confidential information
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: GDPR compliance provisions, required when personal data processing is involved
2. Intellectual Property Rights: Additional IP protection clauses, needed when IP transfer or creation is anticipated
3. Competition Restrictions: Additional non-compete provisions, used when parties are potential competitors
4. Commission Structures: Financial arrangements for business introductions, used in broker or agent relationships
5. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements
6. Insurance Requirements: Specific insurance obligations, needed for high-risk business relationships
7. Audit Rights: Provisions for verifying compliance, useful in complex business relationships
1. Schedule 1 - Confidential Information: Detailed list of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive/handle confidential information
3. Schedule 3 - Business Purpose: Detailed description of the specific business relationship and permitted activities
4. Schedule 4 - Commission Structure: Detailed breakdown of any financial arrangements and payment terms
5. Schedule 5 - Security Protocols: Specific procedures for handling and protecting confidential information
6. Appendix A - Standard NDA Procedures: Company-specific confidentiality procedures and requirements
7. Appendix B - Reporting Templates: Standard forms for required business activity reports
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Financial Services
Professional Services
Real Estate
Healthcare
Energy & Utilities
Telecommunications
E-commerce
Biotechnology
Construction
Retail
Automotive
Aerospace
Consulting Services
Relevant Teams
Legal
Business Development
Executive Leadership
Corporate Strategy
Mergers & Acquisitions
Innovation
Operations
Finance
Commercial
Research & Development
Information Technology
Procurement
Strategic Partnerships
Investment
Corporate Development
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Managing Director
Investment Manager
Project Manager
Business Broker
Consultant
Strategic Partnership Manager
Operations Director
Commercial Director
Merger & Acquisition Specialist
Innovation Manager
Chief Technology Officer
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