Confidentiality And Nondisclosure Agreement Form Template for Germany

A comprehensive confidentiality and non-disclosure agreement governed by German law, specifically designed to protect confidential information and trade secrets in accordance with the German Trade Secrets Act (GeschGehG) and related legislation. This document establishes binding obligations for the receiving party to maintain strict confidentiality of disclosed information, implements required security measures, and provides legal remedies under German jurisdiction. The agreement incorporates provisions compliant with German civil law principles and, where applicable, addresses data protection requirements under GDPR and the German Federal Data Protection Act.

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What is a Confidentiality And Nondisclosure Agreement Form?

The Confidentiality And Nondisclosure Agreement Form is a critical legal document used in German business contexts to protect sensitive business information and trade secrets. It is essential when parties need to share confidential information during business negotiations, partnerships, employment relationships, or other commercial arrangements. The agreement must comply with the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and when applicable, data protection regulations. This document is particularly important given Germany's strict requirements for trade secret protection, including the need to implement appropriate confidentiality measures. It should be used before any disclosure of sensitive information and can be customized for various business relationships while maintaining its enforceability under German law.

What sections should be included in a Confidentiality And Nondisclosure Agreement Form?

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Definition of confidential information, trade secrets, and other key terms used in the agreement

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

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. Term and Termination: Duration of the agreement and confidentiality obligations, termination provisions

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Breach and Remedies: Consequences of breach, including penalties and injunctive relief under German law

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Confidentiality And Nondisclosure Agreement Form?

1. Data Protection Provisions: Specific provisions for handling personal data under GDPR and BDSG, required when confidential information includes personal data

2. Employee and Subcontractor Obligations: Additional provisions for ensuring confidentiality obligations extend to employees and subcontractors

3. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights, needed when confidential information includes IP

4. Non-Competition Clause: Restrictions on competitive activities, only if relevant and carefully drafted to comply with German competition law

5. Severability Clause: Specific provisions for partial invalidity under German law, recommended for complex agreements

6. Language Clause: Provisions specifying controlling language version if agreement is bilingual

What schedules should be included in a Confidentiality And Nondisclosure Agreement Form?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Download a Standard Confidentiality And Nondisclosure Agreement Form

Review your own Confidentiality And Nondisclosure Agreement Form

What is a Confidentiality And Nondisclosure Agreement Form?

What sections should be included in a Confidentiality And Nondisclosure Agreement Form?

What sections are optional to include in a Confidentiality And Nondisclosure Agreement Form?

What schedules should be included in a Confidentiality And Nondisclosure Agreement Form?

Authors

Alex Denne

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