The Confidentiality And Non Circumvention Agreement is essential for businesses operating under German law who need to protect sensitive information while exploring potential business relationships or transactions. It combines standard confidentiality provisions compliant with the German Trade Secrets Act (GeschGehG) with specific non-circumvention clauses that prevent parties from bypassing each other to gain unfair business advantages. This document is particularly relevant when sharing trade secrets, business strategies, or proprietary information during business negotiations, joint ventures, or similar collaborative discussions. The agreement incorporates requirements from both German national law and EU regulations, making it suitable for domestic and international business relationships where German law is the governing law.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Circumvention'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses and Disclosures: Specified circumstances under which confidential information may be used or disclosed
6. Non-Circumvention Obligations: Obligations not to bypass or circumvent the disclosing party in business dealings
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 Survival: Duration of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Added when confidential information includes IP rights or when IP might be created during the business relationship
3. Direct/Indirect Competition: Additional non-competition provisions when parties are in the same industry
4. Audit Rights: Optional provisions allowing audit of compliance with security measures
5. Insurance Requirements: Required insurance coverage for handling confidential information
6. Employee and Subcontractor Obligations: Added when parties need to share information with employees or subcontractors
7. Special Industry Requirements: Specific provisions for regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors who may receive confidential information
5. Appendix A - Form of Non-Disclosure Agreement: Template NDA for employees or subcontractors
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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