The Non-Disclosure Non-Circumvention Agreement (NDNCA) is essential for businesses operating under German law who need to protect sensitive information while exploring potential business relationships or collaborations. It is particularly relevant when parties are sharing trade secrets, business strategies, or technical information, and want to ensure that their business relationships and opportunities are protected from circumvention. The document complies with German legal requirements, including the GeschGehG and relevant EU directives, making it suitable for both domestic German operations and international business relationships involving German entities. It's commonly used during business negotiations, joint ventures, strategic partnerships, or any situation where confidential information needs to be shared while maintaining business relationship integrity.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Purpose', and 'Affiliate'
4. Scope of Confidentiality: Detailed description of what information is considered confidential and protected under the agreement
5. Non-Disclosure Obligations: Specific obligations regarding the protection and non-disclosure of confidential information
6. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
8. Security Measures: Required measures for protecting confidential information in accordance with GeschGehG
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Remedies and Penalties: Legal consequences of breach, including injunctive relief and damages
12. Governing Law and Jurisdiction: Specification of German law and competent courts
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Include when sharing of IP is anticipated or needs to be explicitly protected
3. Non-Solicitation: Add when parties wish to prevent hiring of each other's employees or approaching clients
4. Export Control: Include when information may be subject to export control regulations
5. Force Majeure: Optional clause for circumstances preventing compliance with obligations
6. Insurance Requirements: Include when parties need to maintain specific insurance coverage
7. Audit Rights: Add when one party requires right to audit compliance with security measures
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Confidentiality Acknowledgment Form: Template for employees or third parties to acknowledge confidentiality obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing & Industrial
Financial Services
Healthcare & Pharmaceuticals
Research & Development
Professional Services
Energy & Utilities
Telecommunications
Automotive
Aerospace & Defense
Chemical Industry
Biotechnology
Real Estate & Construction
Media & Entertainment
Retail & E-commerce
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Information Technology
Corporate Strategy
Procurement
Operations
Finance
Risk Management
Innovation
Product Development
Mergers and Acquisitions
Information Security
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Contract Manager
Chief Financial Officer
Investment Manager
Innovation Director
Partnership Manager
Procurement Manager
Operations Director
Strategic Alliance Manager
Intellectual Property Manager
Corporate Development Executive
Risk Management Officer
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