This Full Non-Disclosure Agreement is essential for businesses and individuals operating under German jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborations. The document is particularly relevant in scenarios involving technology transfer, business partnerships, service agreements, or investment discussions. It complies with German legal requirements, including the German Trade Secrets Act (GeschGehG) and relevant EU regulations, while providing comprehensive protection for confidential information, trade secrets, and proprietary data. The agreement includes specific provisions for information handling, security measures, and breach remedies, making it suitable for both domestic German operations and international business relationships where German law applies.
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1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Authorized Persons', 'Permitted Purpose' 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 non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
7. Information Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of 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, including injunctive relief and contractual penalties (Vertragsstrafe)
11. Governing Law and Jurisdiction: Specification of German law and jurisdiction of German courts
12. Signatures: Execution blocks for all parties
1. Third Party Rights: Required when confidential information of third parties may be involved or when third parties need enforcement rights
2. Personal Data Protection: Required when personal data will be shared, ensuring GDPR compliance
3. Export Control: Needed when information subject to export control regulations may be shared
4. Intellectual Property Rights: Important when confidential information includes IP rights or when development work is contemplated
5. Severability (Salvatorische Klausel): Standard German law clause, recommended but not mandatory
6. Prior Agreements and Variations: Needed when replacing existing NDAs or when specific variation procedures are required
7. Representatives and Warranties: Required when specific assurances about the confidential information or authority to disclose are needed
8. Reverse Engineering Prohibition: Important for technical information or trade secrets, particularly under GeschGehG
1. Schedule 1 - Authorized Personnel: List of individuals authorized to access confidential information
2. Schedule 2 - Security Procedures: Detailed information security procedures and requirements
3. Schedule 3 - Specific Information: Detailed list of specific confidential information covered, if not all information shared is confidential
4. Appendix A - Form of Acknowledgment: Template for authorized personnel to acknowledge NDA obligations
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