This Non Disclosure Non Solicitation Agreement is essential for businesses operating under German law who need to protect their confidential information and maintain stable business relationships. It is typically used when entering into business discussions, partnerships, or potential transactions where sensitive information needs to be shared. The agreement combines robust confidentiality provisions compliant with the German Trade Secrets Act (GeschGehG) with carefully drafted non-solicitation clauses that meet the requirements of German employment and competition law. It is particularly important for scenarios involving potential business partnerships, due diligence processes, or strategic collaborations where there is a risk of both information leakage and potential poaching of key employees or customers.
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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: Definitions of key terms including 'Confidential Information', 'Business Relationship', 'Solicitation', and 'Protected Persons'
4. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, and business partners
7. Duration of Obligations: Time periods for confidentiality and non-solicitation obligations
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available legal remedies including potential liquidated damages
10. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: GDPR compliance provisions - include when personal data is part of the confidential information
2. Audit Rights: Rights to audit compliance - include for high-risk or regulated industry relationships
3. Third Party Rights: Rights of affiliated companies or third parties - include when multiple entity groups are involved
4. Non-Competition: Additional competition restrictions - include when broader protection is required and compliant with German law
5. Assignment and Succession: Rules for transferring agreement rights - include for long-term or complex business relationships
6. Insurance Requirements: Obligations to maintain specific insurance - include for high-value or high-risk relationships
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Protected Customers: List of specific customers covered by non-solicitation provisions
3. Schedule 3 - Protected Employees: Categories or list of employees covered by non-solicitation provisions
4. Schedule 4 - Security Measures: Required technical and organizational measures for protecting confidential information
5. Appendix A - Authorized Recipients: List of persons authorized to receive confidential information
6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Pharmaceutical
Professional Services
Research & Development
Automotive
Chemical
Energy
Telecommunications
Software Development
Biotechnology
Consumer Goods
Industrial Engineering
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research & Development
Information Technology
Operations
Finance
Procurement
Commercial
Strategic Planning
Mergers & Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Head of Human Resources
Business Development Director
Chief Technology Officer
Research Director
Project Manager
Innovation Manager
Procurement Manager
Strategic Partnerships Manager
Chief Financial Officer
Head of Operations
Commercial Director
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