This Two Way NDA template is designed for use under German law when two parties need to exchange confidential information in the course of their business relationship. The document is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation where mutual disclosure of sensitive information is necessary. It incorporates key requirements from the German Trade Secret Protection Act (GeschGehG) and the German Civil Code (BGB), while also considering potential GDPR implications. The agreement provides comprehensive protection for both parties' confidential information, including trade secrets, technical know-how, business strategies, and customer data. It is structured to be robust enough for complex business transactions while remaining flexible enough for various business contexts.
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1. Parties: Identification of both parties entering into the NDA, including full legal names, addresses, and registration details if companies
2. Background: Brief context of why the parties are entering into the NDA and the purpose of their business relationship
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets' as defined under GeschGehG
4. Scope of Confidential Information: Detailed description of what constitutes confidential information from both parties
5. Mutual Obligations of Confidentiality: Core obligations regarding the protection 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 security measures for protecting confidential information as per GeschGehG requirements
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 provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required if confidential information includes personal data subject to GDPR or BDSG
2. Export Control: Needed if information exchange may be subject to export control regulations
3. Non-Solicitation: Optional provision preventing parties from hiring each other's employees
4. Reverse Engineering: Specific prohibitions on reverse engineering, particularly relevant for technical information
5. Press Releases and Public Announcements: Controls on public statements about the business relationship
6. Independent Development: Clarification of rights to develop similar products/services independently
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational measures for protecting confidential information
3. Schedule 3 - Specific Project Details: If the NDA relates to a specific project, details of the project and specific types of information to be shared
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for representatives who will access confidential information
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