The Non Disclosure Agreement For Sale Of Business is essential when contemplating or initiating the sale of a business in Germany. It serves as a critical preliminary document in the M&A process, protecting sensitive business information, trade secrets, and proprietary data that must be shared during due diligence. This agreement, governed by German law, incorporates provisions from the German Civil Code (BGB), Trade Secrets Act (GeschGehG), and relevant EU regulations. It typically precedes more detailed transaction documents and helps establish trust between parties while providing legal remedies if confidentiality is breached. The document is particularly important given Germany's strict approach to data protection and business confidentiality.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the disclosing party (seller), receiving party (potential buyer), and any relevant affiliated entities
2. Background: Context of the potential business sale and purpose of the NDA
3. Definitions: Definitions of key terms including Confidential Information, Permitted Purpose, Affiliates, and Representatives
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the business sale
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to advisors and regulators
7. Information Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information after discussions end
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Restrictions on soliciting employees or customers, included when specific protection against poaching is required
2. Exclusivity Period: Period during which the seller cannot negotiate with other potential buyers, included when exclusive negotiations are agreed
3. Anti-Trust Compliance: Specific provisions regarding competition law compliance, included for larger transactions
4. Data Protection Compliance: Specific GDPR compliance provisions, included when personal data is involved
5. Stand-still Provisions: Restrictions on acquiring shares or assets, included for public companies or when specifically required
6. Press Announcements: Requirements for public communications, included for sensitive or public company transactions
7. Break Fee: Compensation if the receiving party breaches exclusivity, included in high-value transactions
1. Schedule 1 - Specified Representatives: List of authorized representatives who may access confidential information
2. Schedule 2 - Security Protocols: Detailed information security requirements and procedures
3. Schedule 3 - Excluded Information: List of specific information excluded from confidentiality obligations
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives to sign
5. Appendix B - Data Room Rules: Rules and procedures for accessing the virtual or physical data room
6. Appendix C - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Find the exact document you need
Commercial Lease Agreement With Option To Purchase
A German law-governed commercial lease agreement that includes an option for the tenant to purchase the property under specified terms and conditions.
Download
Business Share Purchase Agreement
A German law-governed agreement for the sale and purchase of business shares, including transaction terms, warranties, and completion requirements.
Download
Small Business Sale Agreement
A German law-compliant agreement for the sale and purchase of a small business, covering all aspects of business transfer including assets, employees, and liabilities.
Download
Business Opportunity Purchase And Sale Agreement
A German law-governed agreement for the purchase and sale of business opportunities, including associated assets and rights.
Download
Contract For Sale Of Business Assets
A German law-governed agreement for the transfer of business assets between entities, detailing the terms of sale, warranties, and obligations of both parties.
Download
Company Purchase Agreement
A German law-governed agreement documenting the sale and purchase of a company, including all essential terms, conditions, and warranties.
Download
Agreement Of Purchase And Sale Of Business Assets
A German law-governed agreement for the sale and transfer of business assets between entities, incorporating specific requirements of German commercial and civil law.
Download
Business Buy And Sell Agreement
A German law-governed agreement documenting the sale and purchase of a business, including terms for transfer of assets, liabilities, and operational responsibilities.
Download
Business Asset Purchase Agreement
A German law-governed agreement for the sale and purchase of business assets, ensuring compliance with German civil and commercial law requirements while facilitating effective transfer of business assets.
Download
Business Purchase Contract
A German law-governed agreement documenting the sale and purchase of a business, including all essential terms, conditions, and obligations of the transaction.
Download
Contract For Sale Of Business
A German law-governed agreement for the sale and transfer of a business entity or its assets, ensuring compliance with German commercial and civil law requirements.
Download
Letter Of Intent To Sell Business
A German law-governed preliminary agreement outlining the proposed terms and conditions for a business sale transaction.
Download
Business Sales Agreement
A German law-governed agreement regulating B2B sales transactions between companies, incorporating key provisions of German commercial law.
Download
Non Disclosure Agreement For Sale Of Business
German law-governed NDA for protecting confidential information during business sale negotiations.
Download
Letter Of Intent To Purchase Business
A preliminary document under German law outlining the proposed terms and framework for a business acquisition, serving as a stepping stone to the final purchase agreement.
Download
Business Asset Sale Agreement
German law agreement for the sale and purchase of business assets, detailing transfer terms, warranties, and obligations of both parties.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it