This Commercial Non-Disclosure Agreement is essential for businesses operating under German law who need to protect confidential information during business negotiations, partnerships, or commercial relationships. The document is specifically structured to comply with German legal requirements, particularly the German Trade Secrets Act (GeschGehG), which implements the EU Trade Secrets Directive. It is commonly used before entering into detailed business discussions, during due diligence processes, or when sharing sensitive technical, financial, or strategic information. The agreement provides comprehensive protection while considering German-specific legal concepts and enforcement mechanisms, making it suitable for both domestic German businesses and international companies operating in Germany.
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1. Parties: Identification of the contracting 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, Authorized Purpose, Authorized Representatives, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the handling, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required technical and organizational measures to protect 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 termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies, including provisions for injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability
1. Data Protection: Required when confidential information includes personal data subject to GDPR/BDSG
2. Reverse Engineering: Specific provisions prohibiting reverse engineering, particularly relevant for technical information
3. Residual Knowledge: Provisions addressing use of general knowledge and experience gained by receiving party
4. Competition Restrictions: Non-compete provisions, if permitted under the specific circumstances
5. Export Control: Required when confidential information is subject to export control regulations
6. Press Releases and Publications: Controls on public announcements about the business relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential 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 required for protecting confidential information
4. Schedule 4 - Approved Subcontractors: If applicable, list of approved third parties who may receive confidential information
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