Declaration Of Non Disclosure Template for Germany

A comprehensive legal document governed by German law that establishes binding confidentiality obligations between parties sharing sensitive information. The agreement is structured in accordance with the German Trade Secrets Act (Geschäftsgeheimnisgesetz) and related legislation, providing robust protection for confidential information, trade secrets, and proprietary data. It defines the scope of confidential information, establishes clear obligations for handling and protecting such information, and outlines specific remedies under German law in case of breach, including the possibility of contractual penalties (Vertragsstrafe).

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What is a Declaration Of Non Disclosure?

The Declaration of Non-Disclosure serves as a critical legal instrument under German law for protecting confidential information in business relationships. This document is essential when parties need to share sensitive information such as trade secrets, technical know-how, business strategies, or customer data. It is particularly relevant in contexts such as business negotiations, due diligence processes, consulting arrangements, or collaborative projects. The agreement ensures compliance with German legal requirements, particularly the Geschäftsgeheimnisgesetz (Trade Secrets Act) and related provisions of the Bürgerliches Gesetzbuch (Civil Code), while providing clear mechanisms for protecting confidential information and establishing remedies in case of unauthorized disclosure.

What sections should be included in a Declaration Of Non Disclosure?

1. Parties: Identification and details of the disclosing and receiving parties

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

3. Definitions: Clear definitions of confidential information, affiliates, representatives, and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core obligations regarding use, protection, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors

7. Security Measures: Required measures for protecting confidential information as per German Trade Secrets Act

8. Return or Destruction: Requirements for handling confidential information upon termination

9. Term and Termination: Duration of the agreement and confidentiality obligations

10. Breach and Remedies: Consequences of breach and available legal remedies including Vertragsstrafe (contractual penalty)

11. Governing Law and Jurisdiction: Specification of German law and jurisdiction

What sections are optional to include in a Declaration Of Non Disclosure?

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

2. Employee and Subcontractor Obligations: Required when receiving party needs to share information with employees or subcontractors

3. Intellectual Property Rights: Required when confidential information includes IP-protected materials

4. Non-Solicitation: Optional clause preventing solicitation of employees or customers

5. Export Control: Required when confidential information is subject to export control regulations

6. Residual Knowledge: Optional clause addressing use of retained knowledge after agreement termination

7. Force Majeure: Optional clause addressing extraordinary circumstances affecting obligations

What schedules should be included in a Declaration Of Non Disclosure?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered

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

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or representatives accessing confidential information

5. Appendix B - Data Processing Terms: Required GDPR-compliant data processing terms if personal data is involved

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What is a Declaration Of Non Disclosure?

What sections should be included in a Declaration Of Non Disclosure?

What sections are optional to include in a Declaration Of Non Disclosure?

What schedules should be included in a Declaration Of Non Disclosure?

Authors

Alex Denne

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