This Supplier NDA template is designed for use when a company needs to share confidential information with its suppliers in the German market. The document is structured to comply with German law, particularly the Trade Secrets Act (GeschGehG) and relevant EU regulations, while being suitable for both domestic and international business relationships. The Supplier NDA covers essential aspects such as the definition of confidential information, permitted uses, security measures, and return or destruction obligations. It's particularly relevant when engaging new suppliers, during product development phases, or when sharing technical specifications, pricing information, or business strategies. The agreement includes specific provisions required under German law regarding standard business terms and provides comprehensive protection for trade secrets in the supply chain context.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the business relationship and purpose of the NDA
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the supplier relationship context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required technical and organizational measures for protecting 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 and available legal remedies including provisions for injunctive relief
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Subcontractors: Provisions regarding the sharing of confidential information with subcontractors, if relevant to the supplier relationship
3. Export Control: Provisions regarding international transfer of technical data or technology, if applicable
4. Insurance Requirements: Obligations to maintain specific insurance coverage for data security incidents
5. Audit Rights: Right to audit the receiving party's compliance with security measures
6. Severability Clause: Standard clause ensuring partial invalidity doesn't affect entire agreement, particularly important under German law
7. Language Clause: Specification of prevailing language if agreement is bilingual German/English
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Measures: Detailed technical and organizational measures required for protecting confidential information
3. Schedule 3 - Specific Types of Confidential Information: Detailed categorization of different types of confidential information and their handling requirements
4. Appendix A - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by employees or subcontractors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Automotive
Chemical Industry
Electronics
Healthcare
Pharmaceuticals
Industrial Equipment
Consumer Goods
Professional Services
Software Development
Telecommunications
Energy
Aerospace
Defense
Relevant Teams
Legal
Procurement
Supply Chain
Research & Development
Information Security
Operations
Finance
Commercial
Technical
Quality Assurance
Information Technology
Product Development
Relevant Roles
Procurement Manager
Supply Chain Director
Legal Counsel
Contract Manager
Chief Technology Officer
Research and Development Director
Product Development Manager
Technical Project Manager
Quality Assurance Manager
Chief Information Security Officer
Vendor Relations Manager
Operations Director
Commercial Director
Business Development Manager
Chief Financial Officer
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