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.
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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
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
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
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Healthcare & Pharmaceuticals
Financial Services
Professional Services
Research & Development
Energy & Utilities
Telecommunications
Automotive
Consumer Goods
Industrial Engineering
Biotechnology
Media & Entertainment
Real Estate
Education
Relevant Teams
Legal
Human Resources
Research & Development
Information Technology
Executive Leadership
Business Development
Finance
Operations
Procurement
Sales
Product Development
Quality Assurance
Information Security
Strategy & Planning
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Project Manager
Research Scientist
Product Manager
Human Resources Director
Procurement Manager
Finance Director
Operations Manager
Consultant
Software Developer
System Administrator
Sales Director
Strategy Analyst
Investment Manager
Quality Assurance Manager
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