Individual Confidentiality Agreement Template for Germany

This Individual Confidentiality Agreement is essential for companies operating in Germany who need to protect their confidential information when sharing it with individuals. It serves various business situations including employee onboarding, contractor engagement, consultation processes, and potential business partnerships. The agreement is structured to comply with German law, particularly the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and data protection regulations including GDPR. It defines confidential information, establishes clear obligations for its protection, and provides mechanisms for enforcement under German jurisdiction. This document is particularly crucial in scenarios where sensitive business information, trade secrets, or proprietary data needs to be shared with individual recipients while maintaining legal protection and confidentiality.

1. Parties: Identification of the disclosing party (typically the company) and receiving party (the individual)

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

3. Definitions: Definition of confidential information, permitted purpose, and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, authorized persons)

7. Data Protection: Compliance with GDPR and German data protection laws when handling personal data

8. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure

9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

10. Duration and Survival: Term of the agreement and surviving obligations after termination

11. Breach and Remedies: Consequences of breach and available remedies under German law

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement