This Small Business Non Disclosure Agreement is essential for German small businesses engaging in relationships where confidential information needs to be shared. It complies with the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and relevant EU regulations, particularly important when sharing sensitive business information, trade secrets, or proprietary data. The document is specifically structured to address the needs of small businesses while ensuring legal enforceability under German law. It can be used for various business relationships including potential partnerships, client services, contractor engagements, or vendor relationships. The agreement includes provisions for protecting confidential information, defining permitted uses, establishing security measures, and outlining remedies in case of breach, all while maintaining compliance with German legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required by German law
2. Background: Context of the business relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Permitted Purpose' and other key terms in accordance with GeschGehG
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information
5. Security Measures: Specific requirements for protecting confidential information, as required by German Trade Secrets Act
6. Term and Survival: Duration of the agreement and surviving obligations after termination
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Breach and Remedies: Consequences of breach, including potential penalties and injunctive relief
9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR/DSGVO
2. Employee and Subcontractor Obligations: Include when the receiving party needs to share information with employees or subcontractors
3. Permitted Disclosures: Include when specific exceptions to confidentiality obligations need to be detailed
4. Non-Competition: Optional restrictions on competitive activities, ensuring compliance with German competition law
5. Assignment and Transfer: Include when transfer of rights needs to be specifically restricted or permitted
6. Severability Clause: Specific salvatory clause (salvatorische Klausel) as commonly used in German contracts
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for employees or subcontractors to acknowledge NDA obligations
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