This Model Confidentiality Agreement serves as a standardized template for businesses operating under German law who need to protect confidential information exchanged during business relationships, negotiations, or collaborations. It is specifically drafted to comply with the German Trade Secrets Act (GeschGehG), the Civil Code (BGB), and relevant EU regulations including GDPR. The agreement is suitable for both unilateral and mutual confidentiality obligations and can be customized for various business contexts such as M&A discussions, joint ventures, service provider relationships, or R&D collaborations. It includes comprehensive provisions for defining confidential information, establishing security measures, and enforcing confidentiality obligations in accordance with German legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
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 Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Include when the receiving party needs to ensure compliance by its workforce
3. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
4. Export Control: Required when confidential information may be subject to export control regulations
5. Non-Solicitation: Optional provision preventing solicitation of employees or customers
6. Publicity: Restrictions on public announcements or use of party names
7. Insurance Requirements: Include when specific insurance coverage for data protection is needed
8. Audit Rights: Optional provision allowing auditing of security measures and compliance
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
6. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Automotive
Chemical
Pharmaceutical
Software Development
Telecommunications
Energy
Industrial Engineering
Biotechnology
Consumer Goods
Defense & Security
Relevant Teams
Legal
Compliance
Business Development
Executive Leadership
Research & Development
Information Security
Data Protection
Procurement
Finance
Strategic Partnerships
Innovation
Intellectual Property
Risk Management
Corporate Development
Relevant Roles
Legal Counsel
Chief Legal Officer
Compliance Officer
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Information Security Officer
Data Protection Officer
Contract Manager
Innovation Manager
Chief Financial Officer
Strategic Partnerships Director
Intellectual Property Manager
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