This Personal NDA is designed for use in situations where confidential information needs to be shared with an individual under German law. The document is particularly relevant for pre-employment discussions, consultant engagements, freelance work, or any scenario where sensitive business information needs to be disclosed to an individual. It incorporates requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and where applicable, data protection regulations (GDPR/DSGVO). The agreement provides comprehensive protection while remaining compliant with German legal requirements regarding enforceability and reasonable restrictions. It's structured to be suitable for both commercial and individual contexts, with clear provisions for protecting business secrets, technical information, and personal data.
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1. Parties: Identification of the disclosing party and receiving party with full legal names and addresses
2. Background: Brief context explaining why the NDA is being entered into and the general purpose of the confidential disclosure
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and any other relevant defined terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Term and Termination: Duration of the agreement and confidentiality obligations, including post-termination obligations
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Data Protection: Compliance with GDPR and German data protection laws when handling personal data
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Optional restrictions on competitive activities, used when confidential information could provide competitive advantage
2. Non-Solicitation: Restrictions on soliciting employees or clients, included when relevant to the relationship
3. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights, used when confidential information includes IP
4. Security Measures: Specific security requirements for handling confidential information, included for sensitive information
5. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer alternatives to court proceedings
6. Insurance Requirements: Insurance obligations, included when handling particularly sensitive or valuable information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information, if applicable
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information, if required
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