The Commercial Real Estate Confidentiality Agreement is essential for protecting sensitive information during property transactions in Germany. It should be used whenever parties need to exchange confidential information during due diligence, property negotiations, or potential real estate investments. The agreement ensures compliance with German legal requirements, including the BGB, GeschGehG, and GDPR, while protecting property specifications, financial data, tenant information, and business strategies. This document is particularly crucial in the German market where property transactions often involve extensive due diligence and detailed property information exchange before closing. It provides legal protection under German law for both the disclosing and receiving parties, with specific enforcement mechanisms suitable for the German legal system.
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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 potential real estate transaction and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction
5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized representatives or required by law
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information after termination or upon request
9. Duration and Survival: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Broker Provisions: Additional provisions when real estate brokers are involved in the transaction
2. Data Protection: Specific GDPR compliance measures when personal data is included in confidential information
3. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the transaction
4. Exclusive Negotiations: Optional exclusivity period for transaction negotiations
5. Press Announcements: Controls on public communications about the potential transaction
6. Anti-Money Laundering: Additional compliance requirements for high-value real estate transactions
7. Competition Law Compliance: Specific provisions when parties are competitors in the real estate market
1. Schedule 1 - Property Details: Description and details of the subject property
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Specific Confidential Information: Detailed list of categories of confidential information to be shared
4. Schedule 4 - Security Protocols: Specific technical and organizational measures required for data protection
5. Schedule 5 - Data Room Rules: If applicable, rules and procedures for accessing virtual data room
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Property Development
Property Investment
Retail
Office Space
Industrial
Hospitality
Logistics
Financial Services
Construction
Property Management
Relevant Teams
Legal
Real Estate
Investments
Asset Management
Acquisitions
Due Diligence
Compliance
Property Management
Development
Valuations
Transaction Advisory
Portfolio Management
Relevant Roles
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Due Diligence Manager
Asset Manager
Acquisition Manager
Real Estate Broker
Development Director
Portfolio Manager
Compliance Officer
Real Estate Analyst
Transaction Manager
Chief Investment Officer
Property Valuation Specialist
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