Non Disclosure Deed Template for Germany

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Key Requirements PROMPT example:

Non Disclosure Deed

"I need a Non-Disclosure Deed under German law for a potential joint venture between our automotive manufacturing company and a technology startup, with particular emphasis on protecting our manufacturing processes and AI technology, to be effective from March 2025."

Document background

The Non-Disclosure Deed is a crucial legal instrument used in German business transactions where parties need to share sensitive information while ensuring its confidentiality and protection. This document type is particularly relevant when parties require a higher level of formality and enforceability than a standard NDA, especially in significant business transactions, strategic partnerships, or when dealing with highly sensitive proprietary information. The deed format, while less common in German law than in common law jurisdictions, provides additional formality and can offer stronger evidence of the parties' intentions. It incorporates specific requirements under German law, including compliance with the Geschäftsgeheimnisgesetz (Trade Secrets Act) and relevant provisions of the Bürgerliches Gesetzbuch (German Civil Code), making it suitable for both domestic German transactions and international business relationships governed by German law.

Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the relationship between parties and purpose of the confidentiality agreement

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

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

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

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Survival: Term of the agreement and provisions that survive termination

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

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Intellectual Property Rights: Section clarifying that no IP rights are transferred through the disclosure of confidential information - include when IP-sensitive information is involved

2. Data Protection Compliance: Specific provisions regarding GDPR compliance - include when personal data may be part of confidential information

3. Non-Competition: Provisions preventing use of information for competitive purposes - include for business-sensitive disclosures

4. Representatives and Third Party Disclosure: Detailed provisions about disclosure to employees, advisors, and third parties - include for complex organizational relationships

5. Export Control: Provisions regarding international transfer of information - include when cross-border sharing is anticipated

6. Prior Disclosures: Coverage of information disclosed before the agreement - include when there has been previous information sharing

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of representatives authorized to receive confidential information

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

4. Schedule 4 - Destruction Procedures: Detailed procedures for destruction or return 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Automotive

Energy

Telecommunications

Defense

Consumer Goods

Industrial Engineering

Chemical Industry

Pharmaceuticals

Relevant Teams

Legal

Compliance

Research and Development

Information Security

Executive Leadership

Business Development

Procurement

Information Technology

Human Resources

Intellectual Property

Corporate Development

Data Protection

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Research Director

Chief Technology Officer

Project Manager

Innovation Manager

Chief Financial Officer

Head of Operations

Procurement Manager

Strategic Partnership Director

Intellectual Property Manager

Data Protection Officer

Chief Information Security Officer

Find the exact document you need

Non Disclosure Deed

A German law-governed deed establishing binding confidentiality obligations between parties, providing comprehensive protection for confidential information under German legal requirements.

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Authors

Alex Denne

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