This Non-Disclosure Agreement Price is essential for business relationships where sensitive pricing information, cost structures, or financial data need to be shared between parties. The document is particularly relevant in scenarios involving price negotiations, tender processes, joint ventures, or strategic partnerships where detailed pricing information must be disclosed. Governed by German law, particularly the German Trade Secrets Act (GeschGehG) and the German Civil Code (BGB), this agreement provides specific protections and remedies for the unauthorized disclosure of pricing information. It is designed to protect both the disclosing and receiving parties while facilitating necessary business discussions and evaluations of commercial opportunities. The agreement includes provisions for handling digital financial data, making it suitable for modern business operations while ensuring compliance with German legal requirements.
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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 of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach, including available legal remedies and contractual penalties (Vertragsstrafe)
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Required when confidential information includes personal data subject to GDPR/BDSG
2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is contemplated
3. Non-Competition: Optional restrictions on competitive activities, subject to German competition law limitations
4. Audit Rights: Rights to audit compliance with the NDA, typically included for high-sensitivity information
5. Insurance Requirements: Obligations to maintain specific insurance coverage, typically for high-value trade secrets
6. Export Control: Required when confidential information is subject to export control regulations
7. Subcontractors: Include when either party may need to share information with subcontractors
8. Force Majeure: Optional provisions for extraordinary circumstances affecting confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting the information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees or contractors
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