The Government Non Disclosure Agreement is a critical legal instrument used by German government entities when sharing sensitive or confidential information with external parties, contractors, or service providers. It is designed to protect classified information, trade secrets, personal data, and other confidential matters in accordance with German federal and state laws. This document is particularly important when government agencies engage in public-private partnerships, research collaborations, procurement processes, or consulting arrangements. The agreement ensures compliance with the German Administrative Procedure Act, Federal Data Protection Act, and other relevant legislation while establishing clear obligations and consequences for breach. It is structured to accommodate various levels of information sensitivity, from general administrative data to classified government information requiring special security clearances.
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1. Parties: Identification of the contracting government entity and the receiving party, including their legal representatives
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of Confidential Information, Government Information, Classified Information, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security protocols and measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and conditions for termination
10. Breach and Consequences: Consequences of breach, including reference to relevant criminal law provisions
11. Governing Law and Jurisdiction: Specification of German law application and competent courts
1. Special Security Clearance Requirements: Additional provisions for cases involving classified government information requiring security clearance
2. International Transfer Restrictions: Specific provisions when confidential information might be transferred across borders
3. Digital Security Measures: Special provisions for digital handling and cybersecurity of confidential information
4. Subcontractor Provisions: Requirements for involving third parties or subcontractors
5. Emergency Disclosure Procedures: Procedures for handling confidential information in emergency situations
6. Public Disclosure Obligations: Provisions addressing mandatory public disclosure requirements for government entities
7. Personal Data Protection: Additional provisions when confidential information includes personal data under GDPR
1. Schedule 1: Categories of Confidential Information: Detailed listing and classification of different types of confidential information covered
2. Schedule 2: Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3: Authorized Personnel: List of authorized personnel who may access the confidential information
4. Schedule 4: Information Handling Procedures: Detailed procedures for handling different categories of confidential information
5. Appendix A: Contact Details: Contact information for key personnel and emergency contacts
6. Appendix B: Security Incident Report Form: Standard form for reporting security incidents or breaches
7. Appendix C: Confidentiality Acknowledgment Form: Form to be signed by individual employees accessing confidential information
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