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Non Disclosure Affidavit

Non Disclosure Affidavit Template for Germany

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Key Requirements PROMPT example:

Non Disclosure Affidavit

"I need a Non Disclosure Affidavit under German law for a senior data scientist who will be accessing our proprietary AI algorithms and customer datasets starting March 2025; the affidavit should specifically address GDPR compliance and include detailed security protocols."

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Document background
The Non-Disclosure Affidavit is typically used in situations requiring a higher level of formality and legal certainty regarding confidentiality commitments under German law. It is particularly relevant when dealing with highly sensitive trade secrets, intellectual property, or confidential business information where the organization needs stronger evidence of the confidentiality obligation than a standard NDA provides. The document is commonly used in contexts such as high-stakes business transactions, sensitive R&D projects, or when engaging with contractors or employees who will have access to critical proprietary information. The affidavit format, governed by German civil law and the German Trade Secrets Act (GeschGehG), provides additional legal weight and can be valuable evidence in case of future disputes or legal proceedings.
Suggested Sections

1. Declarations and Identification: Formal identification of the declarant making the affidavit, including full legal name, address, and occupation

2. Background and Purpose: Context explaining why the affidavit is being made and the relationship to the confidential information

3. Definitions: Clear definitions of key terms, particularly 'Confidential Information', 'Trade Secrets', and other relevant terms

4. Scope of Confidential Information: Detailed description of the types of confidential information covered by the affidavit

5. Acknowledgment of Confidentiality: Declarant's acknowledgment of the confidential nature of the information and duty to maintain confidentiality

6. Non-Disclosure Obligations: Specific commitments regarding non-disclosure, non-use, and protection of confidential information

7. Duration of Obligations: Period for which the confidentiality obligations remain in force

8. Return of Confidential Materials: Obligations regarding the return or destruction of confidential materials

9. Legal Consequences: Acknowledgment of legal consequences for breach of the affidavit

10. Sworn Statement: Formal sworn statement confirming the truth of the declarations

Optional Sections

1. Prior Disclosure: Section to address any previous disclosures of the confidential information, used when there has been authorized previous disclosure

2. Third Party Disclosure: Provisions regarding disclosure to authorized third parties, included when third-party access might be necessary

3. Intellectual Property Rights: Section addressing IP rights in the confidential information, used when the information includes patentable or copyrightable material

4. Data Protection Compliance: Specific provisions for GDPR compliance, included when confidential information includes personal data

5. Survival Clause: Section specifying which obligations survive the termination of the relationship, used in employment or contractor contexts

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed inventory or description of the specific confidential information covered

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

3. Appendix 1 - Security Measures: Description of specific security measures to be implemented to protect the confidential information

4. Appendix 2 - Handling Procedures: Detailed procedures for handling, storing, and disposing of 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 Industries

Technology

Healthcare

Manufacturing

Research and Development

Financial Services

Professional Services

Biotechnology

Defense

Energy

Telecommunications

Pharmaceuticals

Aerospace

Consulting

Relevant Teams

Legal

Research and Development

Information Technology

Executive Leadership

Human Resources

Product Development

Information Security

Operations

Engineering

Business Development

Data Science

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Research Scientist

Product Development Manager

Legal Counsel

Information Security Officer

Senior Engineer

Research Director

Business Development Manager

Project Manager

Technical Consultant

Systems Administrator

Database Administrator

External Contractor

Strategic Advisor

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental civil law legislation that governs contracts, legal declarations, and obligations between parties.
German Trade Secrets Act (Geschäftsgeheimnisgesetz - GeschGehG): Implements EU Trade Secrets Directive and provides legal framework for protection of confidential business information and trade secrets.
General Data Protection Regulation (GDPR/DSGVO): European regulation governing personal data protection, relevant when confidential information includes personal data.
German Criminal Code (Strafgesetzbuch - StGB) §203: Provisions regarding the breach of private secrets and confidential information, establishing criminal liability.
German Competition Act (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulations concerning unfair competition, including misuse of confidential information in business contexts.
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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