This Product Development Non Disclosure Agreement is essential for any business relationship involving product development activities where confidential information needs to be shared between parties under German law. It is specifically designed to comply with the German Trade Secrets Act (GeschGehG) and the German Civil Code (BGB), providing robust protection for technical information, design specifications, prototypes, and development methodologies. The agreement is particularly crucial in situations where companies are engaging in collaborative product development, outsourcing development work, or seeking technical expertise from external partners. It includes specific provisions for handling technical documentation, protecting intellectual property rights, and maintaining confidentiality during the development process, while ensuring enforceability under German jurisdiction.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including the nature of the product development project and the purpose of information sharing
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Product', 'Development Project', 'Trade Secrets', and 'Authorized Personnel'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the product development project
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specified purposes for which the confidential information may be used in relation to the product development
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and confidentiality obligations, including survival provisions
10. Breach and Remedies: Consequences of breach, including specific remedies and enforcement mechanisms under German law
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction details
1. Third Party Disclosure: Rules for sharing information with subcontractors or other third parties - include when third parties will be involved in the development process
2. Intellectual Property Rights: Specific provisions regarding IP rights in relation to the product development - include when new IP might be created during the development process
3. Data Protection Compliance: GDPR compliance provisions - include when personal data processing is involved
4. Export Control: Export control compliance provisions - include when the product or technology is subject to export restrictions
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when parties are competitors
6. Insurance Requirements: Insurance obligations - include when high-value or high-risk product development is involved
7. Force Majeure: Force majeure provisions - include when long-term development projects are contemplated
1. Schedule 1 - Description of Product Development Project: Detailed description of the product development project scope and objectives
2. Schedule 2 - Authorized Personnel: List of authorized personnel who will have access to confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Information Classification Guidelines: Guidelines for classification and handling of different types of confidential information
5. Appendix A - Contact Details: Contact information for key personnel and notices
6. Appendix B - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by authorized personnel
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