Real Estate Confidentiality Agreement Template for Germany

This Real Estate Confidentiality Agreement is essential for protecting sensitive information during property transactions in Germany. It is typically used at the initial stages of a potential real estate transaction, before detailed negotiations or due diligence begin. The document ensures that confidential information about the property, including financial data, tenant details, technical specifications, and market analyses, remains protected. It complies with German legal requirements, including the Civil Code (BGB), Commercial Code (HGB), and data protection laws (DSGVO). The agreement is particularly crucial in commercial real estate transactions where significant proprietary information needs to be shared for evaluation purposes.

1. Parties: Identification of the disclosing party (typically the property owner or their agent) and receiving party (potential buyer, investor, or their representatives)

2. Background: Context of the potential real estate transaction and purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Property', 'Permitted Purpose', 'Authorized Representatives', and 'Confidentiality Period'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction

5. Permitted Use and Disclosure: Specific purposes for which the confidential information may be used and conditions for sharing with authorized representatives

6. Confidentiality Obligations: Specific duties of the receiving party regarding protection, storage, and handling of confidential information

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the purpose is fulfilled or upon request

8. Duration and Survival: Term of the confidentiality obligations and which provisions survive termination

9. Breach and Remedies: Consequences of breach, including available legal remedies and potential liquidated damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments