This Confidentiality Agreement Personal Information is essential for organizations operating in Germany who need to ensure proper protection of personal data when sharing such information with third parties or employees. The agreement is designed to comply with the stringent requirements of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), making it suitable for use in various business contexts where personal information needs to be shared or processed. It addresses key requirements including technical and organizational measures for data protection, breach notification obligations, and data subject rights, while incorporating specific German legal requirements for confidentiality agreements. This document is particularly crucial when engaging with service providers, employees, or contractors who will have access to personal data, ensuring all parties understand and commit to their data protection obligations under German law.
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1. Parties: Identification of the disclosing party and receiving party, including their legal status and contact details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', and 'Data Subject' as per GDPR requirements
4. Scope of Confidential Information: Clear description of what constitutes confidential information and personal data under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations including data protection measures, non-disclosure requirements, and permitted uses
6. Data Protection Compliance: Specific obligations under GDPR and BDSG, including processing requirements and data subject rights
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Breach Notification: Procedures for reporting any breaches of confidentiality or personal data incidents
9. Term and Termination: Duration of confidentiality obligations and conditions for termination
10. Return or Destruction of Information: Requirements for handling confidential information upon termination
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Sub-processors: Required when the receiving party may need to share information with third parties
2. International Data Transfers: Required when personal data may be transferred outside the EU/EEA
3. Intellectual Property Rights: Needed when confidential information includes IP-protected material
4. Non-solicitation: Optional clause preventing solicitation of employees or clients
5. Insurance Requirements: Required when specific insurance coverage for data protection is needed
6. Audit Rights: Optional section granting rights to audit compliance with the agreement
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Technical and Organizational Measures: Detailed description of security measures implemented
4. Schedule 4 - Approved Sub-processors: List of approved third parties who may process the information
5. Appendix A - Data Processing Agreement: Standard GDPR-compliant data processing terms if required
Authors
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Financial Services
Human Resources
Technology
Education
Professional Services
Research & Development
Insurance
Telecommunications
Legal Services
Consulting
Public Sector
Relevant Teams
Legal
Human Resources
Compliance
Information Security
Data Protection
Risk Management
IT
Operations
Research & Development
Privacy
Administrative
Relevant Roles
Data Protection Officer
Privacy Manager
HR Director
Legal Counsel
Compliance Officer
Information Security Manager
Risk Manager
Project Manager
Research Director
IT Security Officer
Head of HR
Chief Privacy Officer
Operations Manager
Department Head
External Consultant
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