This Reciprocal Non Disclosure Agreement is essential for business relationships where parties need to share sensitive information while ensuring legal protection under German law. It is particularly relevant for commercial negotiations, joint ventures, technical collaborations, and business partnerships where both parties will exchange confidential information. The agreement complies with the German Trade Secrets Act (GeschGehG) and considers EU regulations, making it suitable for both domestic German operations and international business relationships with German entities. It includes specific provisions required by German law for effective enforcement, such as defined security measures and clear scope of protected information. This document type is commonly used in initial business discussions, due diligence processes, joint development projects, and strategic partnerships where bilateral information sharing is anticipated.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the business relationship and purpose of the NDA
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties
5. Confidentiality Obligations: Core mutual obligations regarding protection and non-disclosure of confidential information
6. Permitted Uses: Specified purposes for which the confidential information may be used
7. Security Measures: Required security measures for protecting confidential information as per German Trade Secrets Act
8. Authorized Recipients: Provisions regarding disclosure to employees, advisors, and other permitted recipients
9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach including statutory references to German law remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Export Control: Required when information exchange may be subject to export control regulations
3. Intellectual Property Rights: Additional section when confidential information includes IP rights requiring specific protection
4. Non-Solicitation: Optional provisions preventing parties from soliciting each other's employees
5. Residual Knowledge: Provisions addressing use of residual knowledge acquired during the relationship
6. Prior Disclosures: Section covering information disclosed before the effective date of the agreement
7. Competition Law Compliance: Required when parties are competitors or in sensitive market positions
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Measures: Detailed technical and organizational measures for protecting confidential information
3. Schedule 3 - Specific Information: Optional detailed list of specific confidential information covered
4. Schedule 4 - Data Processing Terms: Required when personal data processing is involved, including GDPR requirements
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