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NDA Confidentiality Agreement

NDA Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

NDA Confidentiality Agreement

"I need an NDA Confidentiality Agreement under German law for a technology partnership between our software company and a potential manufacturing partner in Bavaria, to be signed by March 2025, with special attention to protecting our source code and technical specifications."

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Document background
This NDA Confidentiality Agreement is essential for businesses operating under German law who need to protect confidential information during business negotiations, partnerships, or other commercial relationships. The document is specifically structured to comply with German legal requirements, including the German Trade Secrets Act (Geschäftsgeheimnisgesetz) and relevant provisions of the German Civil Code (BGB). It is particularly relevant when sharing sensitive business information, trade secrets, technical knowledge, or other proprietary information. The agreement includes necessary provisions for GDPR compliance when personal data is involved and incorporates specific security measures required under German law for trade secret protection. It is suitable for both domestic German business relationships and international partnerships where German law governs the relationship.
Suggested Sections

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

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

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be shared and with whom

6. Security Measures: Required measures for protecting confidential information, as per German Trade Secrets Act

7. Return or Destruction: Obligations regarding the return or destruction of confidential information

8. Duration and Survival: Term of the agreement and surviving obligations

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

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

2. Employee and Contractor Obligations: Additional provisions for ensuring compliance by employees and contractors

3. Non-Competition: Restrictions on competitive activities, subject to German law limitations

4. Intellectual Property Rights: Clarification of IP ownership and rights, particularly relevant for R&D or technology-related NDAs

5. Export Control: Provisions for international data transfers, required when information may cross borders

6. Severability: Standard clause for German contracts ensuring remaining provisions survive if parts are invalid

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed description or categorization of the confidential information covered

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

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information

4. Schedule 4 - Approved Third Party Recipients: List of approved third parties who may receive the 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Trade Secret
Disclosing Party
Receiving Party
Affiliate
Authorized Purpose
Authorized Recipients
Personal Data
Representatives
Permitted Disclosures
Security Measures
Confidentiality Period
Business Relationship
Proprietary Information
Technical Information
Group Company
Intellectual Property Rights
Data Protection Laws
Contract Period
Material Breach
Working Day
Competing Business
Restricted Period
Third Party
Trade Secret Protection Measures
Residual Information
Derived Information
Excluded Information
Emergency Contact
Business Hours
Force Majeure Event
Compliance Requirements
Associated Company
Effective Date
Security Breach
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Information Protection
Data Protection
Trade Secret Protection
Security Measures
Return of Information
Destruction of Information
Duration
Survival
Permitted Disclosure
Third Party Rights
Assignment
Breach
Remedies
Indemnification
Force Majeure
Notices
Entire Agreement
Severability
Variation
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Legal Costs
Counterparts
Language
Non-Solicitation
Non-Competition
Intellectual Property
Export Control
Employee Obligations
Audit Rights
Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Automotive

Energy

Telecommunications

Consumer Goods

Industrial

Software Development

Pharmaceuticals

Defense

Education

Media & Entertainment

Relevant Teams

Legal

Human Resources

Research & Development

Information Technology

Finance

Business Development

Operations

Procurement

Executive Leadership

Sales

Product Development

Corporate Development

Innovation

Strategy

Manufacturing

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Product Manager

HR Director

IT Manager

Procurement Manager

Investment Manager

Operations Director

Technical Lead

Sales Director

Strategy Consultant

Innovation Manager

Corporate Development Officer

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Provides the fundamental framework for contract law, including formation, interpretation, and enforcement of contracts
Geschäftsgeheimnisgesetz (GeschGehG): German Trade Secrets Act - Implements EU Trade Secrets Directive and provides specific protections for confidential business information
Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - Regulates the processing of personal data and must be considered when confidential information includes personal data
Gesetz gegen den unlauteren Wettbewerb (UWG): Act Against Unfair Competition - Relevant for provisions regarding business secrets and competitive restrictions
Arbeitsrecht: German Employment Law - Particularly relevant for NDAs with employees, including restrictions on post-contractual non-compete clauses
Handelsgesetzbuch (HGB): German Commercial Code - Contains provisions regarding commercial relationships and confidentiality obligations between merchants
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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