Information Technology Non Disclosure Agreement Template for Germany

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Key Requirements PROMPT example:

Information Technology Non Disclosure Agreement

"I need an Information Technology Non Disclosure Agreement under German law for a software development company sharing source code and technical specifications with a cloud services provider, with special attention to GDPR compliance and cloud security measures."

Document background

This Information Technology Non Disclosure Agreement is essential for any business relationship involving the exchange of sensitive technical information, source code, or IT-related trade secrets in Germany. The document is structured to comply with German civil law (BGB), the Trade Secrets Act (GeschGehG), and EU data protection regulations (GDPR). It should be used when parties need to share sensitive IT-related information during business negotiations, software development projects, system integration efforts, or technical consultancy services. The agreement includes specific provisions for digital assets protection, technical data handling, and cybersecurity measures, making it particularly suitable for technology sector collaborations. It addresses both traditional IT confidentiality concerns and modern challenges such as cloud computing and digital intellectual property protection.

Suggested Sections

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

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Technical Data', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT context

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Uses: Allowed uses of confidential information and conditions for such use

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

8. Return or Destruction of 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 Vertragsstrafe (contractual penalty)

11. General Provisions: Standard clauses including governing law, jurisdiction, and severability

Optional Sections

1. Data Protection Compliance: Specific GDPR compliance measures - include when personal data is involved

2. Employee and Subcontractor Obligations: Additional provisions when information will be shared with employees or subcontractors

3. Source Code Protection: Special provisions for protecting source code - include when software code will be shared

4. Cloud Services: Specific provisions for cloud-based services and data storage - include when cloud services are involved

5. Audit Rights: Rights to audit compliance with security measures - include for high-risk information sharing

6. Export Control: Provisions regarding international data transfer - include when cross-border sharing is anticipated

7. Reverse Engineering Prohibition: Specific prohibition of reverse engineering - include for software or technical products

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Security Requirements: Technical and organizational security measures required

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

5. Appendix B - Technical Systems: Description of technical systems and infrastructure involved in information sharing

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

Confidential Information
Trade Secret
Source Code
Technical Documentation
Permitted Purpose
Authorized Representatives
Security Measures
Technical Systems
Personal Data
Processing
Affiliate
Cloud Services
Technical Specifications
API Documentation
Development Environment
Test Data
Production Data
System Architecture
Access Credentials
Digital Assets
Intellectual Property Rights
Technical Know-How
Software
Hardware
Network Infrastructure
Data Center
Proprietary Information
Technical Protocols
Configuration Settings
Database Schema
User Interface Design
Algorithm
Machine Learning Model
Binary Code
Object Code
Authentication Methods
Security Breach
Disaster Recovery Plan
Business Continuity Measures
Third Party Service Provider
Technical Support Services
Development Tools
Testing Environment
Release Version
Encryption Methods
Access Controls
Backup Systems

Clauses

Relevant Industries

Information Technology

Software Development

Cloud Computing

Cybersecurity

Telecommunications

Financial Services

Healthcare Technology

E-commerce

Digital Media

Manufacturing Technology

Automotive Technology

Industrial Automation

Research & Development

Artificial Intelligence

Blockchain Technology

Relevant Teams

Legal

Information Technology

Information Security

Software Development

Infrastructure

Data Protection

Procurement

Research and Development

Technical Operations

Solution Architecture

Product Development

Compliance

Risk Management

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

System Administrator

Information Security Officer

Data Protection Officer

Project Manager

Technical Consultant

Solutions Architect

IT Procurement Manager

Legal Counsel

Chief Information Officer

DevOps Engineer

IT Contract Manager

Technical Account Manager

Software Engineer

Database Administrator

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Let's create your Information Technology Non Disclosure Agreement

Authors

Alex Denne

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