Product Development Non Disclosure Agreement Template for Germany

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Key Requirements PROMPT example:

Product Development Non Disclosure Agreement

"I need a Product Development Non Disclosure Agreement under German law for a software development project between my Munich-based tech company and a US contractor, with special provisions for source code protection and cloud-based development environments, starting March 2025."

Document background
This Product Development Non Disclosure Agreement is essential for any business relationship involving product development activities where confidential information needs to be shared between parties under German law. It is specifically designed to comply with the German Trade Secrets Act (GeschGehG) and the German Civil Code (BGB), providing robust protection for technical information, design specifications, prototypes, and development methodologies. The agreement is particularly crucial in situations where companies are engaging in collaborative product development, outsourcing development work, or seeking technical expertise from external partners. It includes specific provisions for handling technical documentation, protecting intellectual property rights, and maintaining confidentiality during the development process, while ensuring enforceability under German jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the nature of the product development project and the purpose of information sharing

3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Product', 'Development Project', 'Trade Secrets', and 'Authorized Personnel'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Use: Specified purposes for which the confidential information may be used in relation to the product development

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

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Duration and Termination: Term of the agreement and confidentiality obligations, including survival provisions

10. Breach and Remedies: Consequences of breach, including specific remedies and enforcement mechanisms under German law

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

Optional Sections

1. Third Party Disclosure: Rules for sharing information with subcontractors or other third parties - include when third parties will be involved in the development process

2. Intellectual Property Rights: Specific provisions regarding IP rights in relation to the product development - include when new IP might be created during the development process

3. Data Protection Compliance: GDPR compliance provisions - include when personal data processing is involved

4. Export Control: Export control compliance provisions - include when the product or technology is subject to export restrictions

5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include when parties are competitors

6. Insurance Requirements: Insurance obligations - include when high-value or high-risk product development is involved

7. Force Majeure: Force majeure provisions - include when long-term development projects are contemplated

Suggested Schedules

1. Schedule 1 - Description of Product Development Project: Detailed description of the product development project scope and objectives

2. Schedule 2 - Authorized Personnel: List of authorized personnel who will have access to confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures to be implemented

4. Schedule 4 - Information Classification Guidelines: Guidelines for classification and handling of different types of confidential information

5. Appendix A - Contact Details: Contact information for key personnel and notices

6. Appendix B - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by authorized personnel

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

Relevant legal definitions
Relevant Industries

Technology

Manufacturing

Automotive

Electronics

Medical Devices

Software Development

Industrial Design

Consumer Products

Aerospace

Biotechnology

Pharmaceuticals

Telecommunications

Internet of Things

Clean Technology

Robotics

Relevant Teams

Legal

Research and Development

Product Development

Engineering

Design

Innovation

Procurement

Compliance

Technical Operations

Project Management

Business Development

Executive Leadership

Intellectual Property

Quality Assurance

Relevant Roles

Chief Technology Officer

Product Development Manager

Research and Development Director

Project Manager

Technical Lead

Design Engineer

Product Manager

Innovation Director

Legal Counsel

Compliance Officer

Business Development Manager

Chief Executive Officer

Industrial Designer

Software Architect

Technical Director

Intellectual Property Manager

procurement manager

Contract Manager

Industries
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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