This Model NDA is designed for use in business relationships governed by German law where parties need to protect confidential information exchanges. It serves as a standardized template that complies with the German Trade Secrets Act (GeschGehG) and other relevant German legislation, including the Civil Code (BGB) and data protection laws. The document is particularly useful for businesses entering into preliminary discussions, partnerships, or service relationships where proprietary information needs to be shared. It includes comprehensive provisions for defining confidential information, establishing security measures, and outlining the responsibilities of both disclosing and receiving parties, while maintaining enforceability under German law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and purpose of information sharing
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses: Allowed uses of the confidential information and conditions for such use
7. Security Measures: Required measures to protect confidential information from unauthorized access or disclosure
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
11. Signatures: Execution blocks for all parties
1. Data Protection: Additional provisions when personal data is involved, ensuring GDPR compliance
2. Employee and Subcontractor Obligations: Additional provisions when information needs to be shared with employees or subcontractors
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Specific Security Protocols: Detailed security requirements for particularly sensitive information or regulated industries
5. Export Control: Provisions for handling information subject to export control regulations
6. Competitive Restrictions: Additional provisions restricting competitive activities, if appropriate for the business context
7. Assignment and Succession: Specific provisions regarding transfer of rights and obligations, if needed
1. Description of Confidential Information: Detailed list or categories of confidential information covered
2. Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Security Protocols: Specific technical and organizational measures required for information protection
4. Form of Destruction Certificate: Template certificate confirming destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Automotive
Energy
Telecommunications
Software Development
Industrial Engineering
Consumer Goods
Pharmaceuticals
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Procurement
Human Resources
Innovation
Finance
Compliance
Contract Management
Investment
Operations
Information Technology
Corporate Development
Relevant Roles
Legal Counsel
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Human Resources Director
Innovation Manager
Chief Financial Officer
Compliance Officer
Contract Manager
Investment Manager
Partnership Manager
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