This NDA Disclaimer is designed for situations where parties need to share sensitive information while establishing clear limitations on the disclosing party's liability. The document is particularly relevant in business negotiations, due diligence processes, or collaborative ventures where one party needs to share confidential information but wishes to disclaim certain warranties about that information. Governed by German law, including the German Civil Code (BGB) and Trade Secrets Act (GeschGehG), this NDA Disclaimer provides a balanced framework that protects both the confidentiality of shared information and the disclosing party's interests by explicitly stating the limitations and disclaimers regarding the provided information.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Brief context explaining the purpose of sharing confidential information and the need for the NDA disclaimer
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Disclosure'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Disclaimer of Warranties: Explicit disclaimers regarding the accuracy, completeness, or fitness for purpose of the confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of confidentiality obligations and conditions for termination
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions regarding IP rights when the confidential information includes patentable inventions or copyright works
2. Data Protection Compliance: Specific section addressing GDPR compliance when personal data is involved
3. Non-Competition: Additional provisions preventing use of information for competitive purposes, if relevant to the business relationship
4. Digital Security Measures: Specific requirements for digital storage and transmission of confidential information
5. Severability Clause: Standard clause ensuring remainder of agreement remains valid if specific provisions are found invalid
6. Representatives and Affiliates: Extended provisions covering affiliated companies and representatives when multiple entities are involved
7. Damages and Remedies: Specific provisions regarding compensation for breaches, including potential liquidated damages
1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment to be signed by individual recipients of confidential information
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Technology
Manufacturing
Financial Services
Healthcare
Biotechnology
Professional Services
Research & Development
Telecommunications
Energy
Real Estate
Software Development
Pharmaceutical
Consulting
Investment Banking
Relevant Teams
Legal
Business Development
Research & Development
Corporate Development
Executive Leadership
Finance
Compliance
Intellectual Property
Innovation
Strategy
Operations
Product Development
Information Security
Risk Management
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Research Director
Chief Technology Officer
Investment Manager
Project Manager
Corporate Development Director
Intellectual Property Manager
Chief Financial Officer
Strategy Consultant
Operations Director
Innovation Manager
Compliance Officer
Product Development Manager
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