Electronic Non Disclosure Agreement Template for Germany

This Electronic Non-Disclosure Agreement template is designed for use in situations where parties need to share confidential information primarily through electronic means while ensuring compliance with German law. It is particularly relevant in today's digital business environment where remote collaboration and electronic document sharing are common. The document incorporates requirements from German legislation including the Trade Secrets Act (GeschGehG) and Trust Services Act (VDG), as well as EU regulations such as eIDAS and GDPR where applicable. It's suitable for both domestic German transactions and international business relationships where German law governs the agreement. The template includes specific provisions for electronic execution, digital information security, and cybersecurity measures, making it particularly suitable for technology-driven businesses and modern commercial relationships.

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and registration details

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Electronic Systems'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and explicit exclusions

5. Obligations of Confidentiality: Core confidentiality obligations, including electronic storage and transmission requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives

7. Security Measures: Required technical and organizational measures for protecting electronic confidential information

8. Return or Destruction of Confidential Information: Obligations regarding electronic and physical confidential information upon termination

9. Term and Termination: Duration of the agreement and termination provisions

10. Electronic Execution: Provisions for valid electronic signature and execution under German law

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