The Non Disclosure And Restricted Use Agreement under German law is essential for business relationships where sensitive information needs to be shared while maintaining strict control over its use and dissemination. This document is particularly crucial in German business contexts where parties need to exchange trade secrets, technical know-how, or other confidential information during business negotiations, joint ventures, or service relationships. It incorporates specific requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and where applicable, EU GDPR regulations. The agreement is designed to provide maximum protection under German law while facilitating necessary business communications and collaboration.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and 'Affiliated Companies'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use: Specific limitations on how the receiving party may use the confidential information
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 or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival of Obligations: Specification of obligations that continue after termination
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Export Control: Required when confidential information may be subject to export control regulations
3. Authorized Recipients: Detailed section on who may access the confidential information, needed when multiple parties or employees need access
4. Non-Solicitation: Prevents poaching of employees or clients, included when parties are competitors or in sensitive business relationships
5. Assignment and Transfer: Rules for transferring rights under the agreement, needed in corporate contexts
6. Severability: Standard boilerplate for German contracts, but can be optional in shorter agreements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information designated as confidential
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational measures required for protecting confidential information
4. Appendix A - Standard Confidentiality Undertaking: Template for confidentiality undertakings to be signed by authorized recipients
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Relevant Teams
Legal
Executive Leadership
Research and Development
Business Development
Information Security
Procurement
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Information Technology
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