This Business Non-Disclosure Agreement is essential for companies operating under German law who need to protect confidential information during business negotiations, partnerships, or commercial ventures. The document is structured to comply with the German Trade Secrets Act (GeschGehG), which implements the EU Trade Secrets Directive, and includes necessary provisions required under German commercial law. It's particularly relevant when sharing sensitive business information, technical knowledge, or trade secrets with potential business partners, service providers, or investors. The agreement includes specific enforcement mechanisms available under German law and addresses both domestic and international business relationships, incorporating relevant EU regulations such as GDPR where personal data is involved.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses
2. Background: Context of the business relationship and purpose of sharing confidential information
3. Definitions: Detailed definitions of Confidential Information, Permitted Purpose, Affiliates, and other key terms used in the agreement
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law
6. Security Measures: Specific measures required to protect confidential information, complying with GeschGehG requirements
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Termination: Term of the agreement and survival of obligations
9. Breach and Remedies: Consequences of breach, including injunctive relief and contractual penalties (Vertragsstrafe)
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Reverse Engineering: Specific prohibitions on reverse engineering, particularly relevant for technical information
3. Non-Competition: Restrictions on competitive activities, subject to German constitutional and competition law limitations
4. Representatives and Warranties: Additional assurances regarding authority to disclose and accuracy of information
5. Export Control: Required when confidential information is subject to export control regulations
6. Intellectual Property Rights: Clarification of IP ownership and licensing terms when relevant to the confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational measures for protecting confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will access confidential information
5. Appendix B - Data Processing Terms: Required GDPR-compliant terms if personal data is involved
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