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Client NDA for Germany

Client NDA Template for Germany

A German law-governed Non-Disclosure Agreement (NDA) designed for client relationships, ensuring the protection of confidential information shared between a client organization and its service providers or consultants. This document incorporates requirements from the German Trade Secrets Act (GeschGehG) and relevant EU regulations, including GDPR where applicable. It provides comprehensive protection for business secrets, technical information, and other confidential materials, while establishing clear obligations and remedies under German law.

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What is a Client NDA?

This Client NDA template is designed for use when organizations need to share confidential information with external service providers, consultants, or vendors under German law. It incorporates essential requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and EU regulations including GDPR. The document is particularly suitable for business relationships where one party (the client) needs to disclose sensitive business information, technical details, or strategic plans to another party providing services. The agreement ensures adequate protection measures are in place and establishes clear liability and enforcement mechanisms under German jurisdiction.

What sections should be included in a Client NDA?

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

2. Background: Context of the relationship and purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information' as defined under German Trade Secrets Act, 'Permitted Purpose', 'Representatives', and 'Affiliate'

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information

5. Protection Measures: Specific security measures required to protect confidential information in accordance with GeschGehG requirements

6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives, advisors, or as required by law

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request

8. Term and Survival: Duration of the agreement and surviving obligations

9. Breach and Remedies: Consequences of breach, including injunctive relief and damages under German law

10. General Provisions: Standard clauses including notices, amendments, severability, and governing law

What sections are optional to include in a Client NDA?

1. Data Protection: Required when confidential information includes personal data subject to GDPR

2. Technical Security Requirements: Specific technical measures for protecting digital information, recommended for technology-related relationships

3. Export Control: Required when confidential information may be subject to export control regulations

4. Intellectual Property: Additional provisions when confidential information includes IP rights

5. Group Company Rights: Required when either party needs to share information with affiliate companies

6. Jurisdictional Provisions: Required when parties are from different jurisdictions or information will be accessed across borders

What schedules should be included in a Client NDA?

1. Schedule 1 - Specified Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational measures for protecting confidential information

4. Schedule 4 - Processing Activities: Required under GDPR when personal data processing is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses
























Relevant Industries

Technology

Professional Services

Financial Services

Manufacturing

Healthcare

Retail

Automotive

Energy

Telecommunications

Pharmaceuticals

Construction

Media and Entertainment

Logistics

Real Estate

Education

Relevant Teams

Legal

Procurement

Business Development

Information Security

Compliance

Risk Management

Operations

Human Resources

Finance

Executive Leadership

Commercial

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Procurement Manager

Project Manager

Business Development Manager

Contract Manager

Compliance Officer

Chief Technology Officer

Chief Financial Officer

Operations Director

HR Director

Information Security Officer

Risk Manager

Commercial Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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