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Online Confidentiality Agreement

Online Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Online Confidentiality Agreement

"I need an Online Confidentiality Agreement under German law for sharing technical specifications with a software development contractor, with specific provisions for secure cloud-based file sharing and electronic signature capabilities for planned project kickoff in March 2025."

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Document background
This Online Confidentiality Agreement template is specifically designed for use in situations where parties need to exchange confidential information through digital means while ensuring compliance with German law. It is particularly relevant in today's digital business environment where remote collaboration and electronic information sharing are standard practices. The agreement incorporates provisions from the German Civil Code (BGB), Trade Secrets Act (GeschGehG), and electronic commerce regulations, while also addressing GDPR compliance where personal data is involved. It includes specific provisions for electronic execution and digital information handling, making it suitable for modern business relationships requiring secure and legally compliant information exchange.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

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

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

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 to authorized third parties

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. Digital Execution: Provisions for electronic signature and online acceptance of the agreement

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

Optional Sections

1. Bilateral Obligations: Section making confidentiality obligations mutual - used when both parties will exchange confidential information

2. Personal Data Processing: GDPR compliance provisions - required when confidential information includes personal data

3. Technical Interface: Specifications for technical means of sharing information - used when specific online platforms or systems will be used

4. Audit Rights: Rights to audit compliance - included for high-sensitivity information

5. Insurance Requirements: Obligations to maintain specific insurance coverage - used for high-value or high-risk information

6. Non-Competition: Additional non-compete provisions - used when competitive sensitivity is high

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered

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

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required

4. Appendix A - Digital Acceptance Process: Technical steps for online execution and acceptance

5. Appendix B - Information Handling Procedures: Specific procedures for handling, storing, and destroying 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

Financial Services

Healthcare

Manufacturing

Professional Services

Research & Development

E-commerce

Telecommunications

Biotechnology

Software Development

Digital Media

Industrial Technology

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Research and Development

Human Resources

Procurement

Business Development

Executive Leadership

Data Protection

Corporate Development

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Legal Counsel

Data Protection Officer

Business Development Manager

Project Manager

IT Security Manager

Research Director

Procurement Manager

Human Resources Director

Chief Information Officer

Innovation Manager

Compliance Officer

Strategic Partnerships Manager

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Governs basic contract law principles, formation of contracts, and general obligations between parties
Gesetz zum Schutz von Geschäftsgeheimnissen (GeschGehG): German Trade Secrets Act - Provides the legal framework for protection of confidential business information and trade secrets
Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - Regulates the processing of personal data and must be considered when confidential information includes personal data
Telemediengesetz (TMG): Telemedia Act - Governs legal aspects of online services and electronic business transactions
eIDAS-Verordnung: EU Regulation on electronic identification and trust services - Provides framework for electronic signatures and their legal validity
Vertrauensdienstegesetz (VDG): Trust Services Act - German implementation of eIDAS, governing electronic signatures and trust services
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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