The Advisory Board Confidentiality Agreement is essential for companies operating in Germany that engage external experts in advisory board positions. This document becomes necessary when companies establish or expand their advisory boards, requiring a formal framework for protecting sensitive information shared with board members. It addresses the specific requirements of German trade secret protection laws (GeschGehG) and civil law (BGB), while considering the unique position of advisory board members who need access to confidential information to fulfill their roles effectively. The agreement is particularly crucial for companies sharing strategic, technical, or commercially sensitive information with their advisory boards, ensuring proper protection under German jurisdiction.
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1. Parties: Identification of the company and the advisory board member
2. Background: Context of the advisory board appointment and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Advisory Services', 'Term', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions regarding personal data handling - include if personal data will be shared
2. Intellectual Property: Provisions regarding IP rights in advisory board materials - include if IP will be created or shared
3. Non-Competition: Restrictions on competitive activities - include if advisory board member has access to highly sensitive competitive information
4. Insurance and Indemnification: Provisions regarding liability coverage - include for high-risk advisory roles
5. Compensation: Terms of any payment or compensation - include if advisory board role is compensated
1. Schedule 1 - Description of Advisory Services: Detailed scope of advisory board member's role and responsibilities
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered by the agreement
3. Schedule 3 - Security Measures: Required technical and organizational measures for protecting confidential information
4. Appendix A - Acknowledgment Form: Form for advisory board member to acknowledge receipt of confidential information
5. Appendix B - Return/Destruction Certificate: Form to certify return or destruction of confidential information upon termination
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Energy
Telecommunications
Biotechnology
Professional Services
Real Estate
Education
Automotive
Consumer Goods
Clean Technology
Digital Media
Life Sciences
Relevant Teams
Legal
Corporate Governance
Compliance
Executive Office
Board Administration
Corporate Secretariat
Risk Management
Human Resources
Strategy
Relevant Roles
CEO
Managing Director
General Counsel
Legal Director
Corporate Secretary
Board Secretary
Compliance Officer
Chief Legal Officer
Head of Corporate Governance
Advisory Board Member
External Advisor
Non-Executive Director
Chief Strategy Officer
Chief Innovation Officer
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