Confidential Release Agreement Template for Germany

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Key Requirements PROMPT example:

Confidential Release Agreement

"I need a Confidential Release Agreement under German law for sharing proprietary manufacturing processes with our new joint venture partner in Bavaria, with special provisions for technical drawings and engineering specifications to be accessed by their R&D team starting March 2025."

Document background

The Confidential Release Agreement is essential in situations where parties need to share sensitive information while maintaining legal protection and control over its use. This document type is particularly relevant under German law, where trade secret protection is governed by the Geschäftsgeheimnisgesetz and related EU regulations. It is commonly used in business transactions, research collaborations, professional services engagements, and technology transfers where controlled disclosure of confidential information is necessary. The agreement typically includes detailed provisions on information handling, security measures, and permitted uses, while incorporating specific requirements of German law regarding contract formation and enforcement. This document differs from a standard NDA by explicitly authorizing certain disclosures and uses while maintaining confidentiality obligations.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and 'Release Date'

4. Scope of Confidential Information: Detailed description of the confidential information being released and covered by the agreement

5. Permitted Disclosure and Use: Terms governing how the confidential information may be used and to whom it may be disclosed

6. Release Terms: Specific conditions and extent of the release of confidential information

7. Obligations of the Receiving Party: Security measures, handling requirements, and duty of care for the confidential information

8. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends

9. Liability and Indemnification: Consequences of breach and allocation of liability

10. Term and Termination: Duration of the agreement and conditions for termination

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

12. Miscellaneous: Standard provisions including severability, amendments, and notices

Optional Sections

1. Group Companies: Include when either party needs to share information with affiliated companies

2. Special Handling Requirements: Include when the confidential information requires specific security or handling protocols

3. Data Protection Compliance: Include when confidential information includes personal data under GDPR

4. Export Control: Include when information is subject to export control regulations

5. Non-Solicitation: Include when parties wish to prevent hiring of each other's employees

6. Residual Knowledge: Include when parties need to address use of general knowledge retained by individuals

7. Third Party Rights: Include when the confidential information involves third party rights or licenses

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or description of the specific confidential information being released

2. Schedule 2 - Authorized Personnel: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and handling procedures for the confidential information

4. Appendix A - Form of Acknowledgment: Template for authorized personnel to acknowledge confidentiality obligations

5. Appendix B - Data Processing Terms: Additional terms for GDPR compliance if personal data is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Pharmaceuticals

Automotive

Energy

Telecommunications

Defense

Consumer Goods

Chemical Industry

Biotechnology

Relevant Teams

Legal

Executive Leadership

Information Security

Research and Development

Business Development

Compliance

Risk Management

Operations

Finance

Human Resources

Intellectual Property

Information Technology

Project Management

Corporate Communications

Quality Assurance

Relevant Roles

Legal Counsel

Chief Executive Officer

Chief Technology Officer

Research Director

Business Development Manager

Project Manager

Information Security Officer

Compliance Officer

Chief Financial Officer

Head of Innovation

Intellectual Property Manager

Risk Manager

Operations Director

Technical Lead

Human Resources Director

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Authors

Alex Denne

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