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Confidentiality Agreement Personal Information for Germany

Confidentiality Agreement Personal Information Template for Germany

A comprehensive confidentiality agreement designed for use in Germany, specifically focused on protecting personal information in compliance with the GDPR and German Federal Data Protection Act (BDSG). This agreement establishes binding obligations for the handling of personal data, incorporating specific requirements under German law while ensuring alignment with EU data protection standards. The document includes detailed provisions for data security measures, breach notification procedures, and data subject rights protection, tailored to meet the stringent requirements of German data protection regulations.

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Confidentiality Agreement Personal Information

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What is a Confidentiality Agreement Personal Information?

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.

What sections should be included in a Confidentiality Agreement Personal Information?

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

What sections are optional to include in a Confidentiality Agreement Personal Information?

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

What schedules should be included in a Confidentiality Agreement Personal Information?

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

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

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

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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