Declaration Of Confidentiality Form Template for Germany

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Key Requirements PROMPT example:

Declaration Of Confidentiality Form

"I need a Declaration of Confidentiality Form under German law for a technology startup sharing sensitive product development information with potential investors, with specific provisions for protecting our AI algorithms and ensuring compliance with both trade secret protection and data privacy requirements."

Document background
The Declaration of Confidentiality Form is a crucial legal instrument used in German business and employment contexts to protect sensitive information and trade secrets. It is particularly relevant when parties need to share confidential information during business negotiations, employment relationships, or collaborative projects. The document is designed to comply with German legal requirements, particularly the Geschäftsgeheimnisgesetz (Trade Secrets Act) and relevant EU regulations. It serves multiple purposes, from protecting intellectual property and trade secrets to ensuring data privacy compliance. This form is commonly used during employee onboarding, business partnerships, due diligence processes, and other situations where confidential information needs to be shared under controlled conditions. The document typically includes detailed provisions on the scope of confidential information, handling requirements, and the duration of confidentiality obligations.
Suggested Sections

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

2. Background: Brief context of why the confidentiality agreement is being entered into and the relationship between the parties

3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', and other key terms used in the agreement

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration: Term of the confidentiality obligations

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

11. Signatures: Execution block for parties' signatures and date

Optional Sections

1. Non-Competition: Additional provisions regarding non-competition obligations, particularly relevant for business relationships or employment contexts

2. Data Protection: Specific provisions regarding personal data handling under GDPR, required when confidential information includes personal data

3. Intellectual Property Rights: Clarification of IP rights in relation to the confidential information, important for R&D or technology-related agreements

4. Penalties: Contractual penalties for breach (Vertragsstrafe), common in German agreements but optional

5. Severability: Standard severability clause (salvatorische Klausel), recommended but not mandatory

6. Prior Agreements: Clause addressing relationship with prior confidentiality agreements, needed if replacing existing agreements

7. Representatives and Warranties: Additional representations regarding authority to share information and ownership of confidential information

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive or 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 acknowledgment to be signed by employees or representatives who will have access to confidential information

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

Relevant legal definitions
Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research and Development

Pharmaceuticals

Biotechnology

Information Technology

Telecommunications

Engineering

Consulting

Education

Legal Services

Energy

Real Estate

Retail

Automotive

Relevant Teams

Legal

Human Resources

Research and Development

Information Technology

Executive Leadership

Finance

Operations

Sales

Business Development

Product Development

Quality Assurance

Administration

Project Management

Information Security

Corporate Communications

Procurement

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Human Resources Director

Legal Counsel

Project Manager

Research Scientist

Software Developer

Business Development Manager

Consultant

Financial Analyst

Product Manager

Systems Administrator

Quality Assurance Manager

Operations Manager

Sales Director

External Contractor

Department Head

Executive Assistant

Research Associate

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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