This Commercial Confidentiality Agreement is essential for businesses operating under German law who need to protect sensitive information during commercial negotiations, partnerships, or other business relationships. It is particularly relevant when parties need to share trade secrets, technical knowledge, customer data, or other confidential business information. The agreement ensures compliance with the German Trade Secrets Act (GeschGehG) and related legislation, while providing clear mechanisms for information protection and breach remedies. It is commonly used in scenarios such as business partnerships, joint ventures, supplier relationships, or preliminary discussions for potential commercial cooperation. The document includes specific provisions required under German law regarding the definition of trade secrets, security measures, and enforcement mechanisms.
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1. Parties: Identification of the contracting parties, including full legal names, business forms, registration numbers, and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Affiliated Companies', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including explicit categories
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection measures, and non-use requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and confidentiality obligations, including survival of obligations
10. Breach and Remedies: Consequences of breach, including contractual penalties (Vertragsstrafe) and injunctive relief
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction of German courts
1. Non-Solicitation: Restrictions on soliciting employees or customers, recommended when parties are competitors or in similar industries
2. Data Protection: Specific provisions regarding personal data handling, required when confidential information includes personal data
3. Export Control: Provisions regarding export control regulations, necessary when information may be subject to export restrictions
4. Reverse Engineering: Specific prohibitions on reverse engineering, important for technical or product-related information
5. Ownership of Developments: Provisions regarding ownership of any developments or improvements made using confidential information
6. Audit Rights: Rights to audit compliance with security measures, recommended for high-value or sensitive information
7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk information exchanges
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Form of Acknowledgment: Template for authorized recipients to acknowledge confidentiality obligations
5. Schedule 5 - Data Processing Terms: Detailed terms for personal data processing if relevant under GDPR
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Pharmaceuticals and Healthcare
Financial Services
Professional Services
Automotive
Chemical Industry
Research and Development
Energy and Utilities
Telecommunications
Industrial Engineering
Consumer Goods
Aerospace and Defense
Biotechnology
Media and Entertainment
Relevant Teams
Legal
Business Development
Research and Development
Information Technology
Procurement
Executive Leadership
Operations
Finance
Information Security
Compliance
Commercial Operations
Product Development
Strategic Partnerships
Risk Management
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Chief Financial Officer
Operations Director
Commercial Director
Innovation Manager
Partnership Manager
Compliance Officer
Contract Manager
Chief Information Security Officer
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