The Non-Disclosure Agreement App template addresses the specific confidentiality needs in the modern digital economy, particularly for software and application development projects under German jurisdiction. It is designed for use when parties need to exchange sensitive information during app development, testing, or deployment phases. The document incorporates requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and relevant EU regulations including GDPR. This NDA App template is particularly valuable for protecting proprietary technology, development methodologies, source code, user data, and business strategies in the digital sector, while ensuring enforceability under German law.
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1. Parties: Identification of the contracting parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Information: Obligations regarding handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies including contractual penalties (Vertragsstrafe)
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Data Protection Provisions: Required when personal data will be shared, addressing GDPR compliance requirements
2. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
3. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses when relevant
4. Export Control: Required when dealing with international data transfers or regulated industries
5. Severability Clause: Standard salvatory clause (Salvatorische Klausel) under German law
6. Insurance Requirements: Optional provisions requiring specific insurance coverage for confidential information
7. Audit Rights: Optional provisions allowing audit of compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required
4. Appendix A - Data Processing Agreement: Required when personal data processing is involved, ensuring GDPR compliance
5. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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