This Online Confidentiality Agreement template is specifically designed for use in situations where parties need to exchange confidential information through digital means while ensuring compliance with German law. It is particularly relevant in today's digital business environment where remote collaboration and electronic information sharing are standard practices. The agreement incorporates provisions from the German Civil Code (BGB), Trade Secrets Act (GeschGehG), and electronic commerce regulations, while also addressing GDPR compliance where personal data is involved. It includes specific provisions for electronic execution and digital information handling, making it suitable for modern business relationships requiring secure and legally compliant information exchange.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Authorized 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 Disclosures: Circumstances under which confidential information may be disclosed to authorized third parties
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Digital Execution: Provisions for electronic signature and online acceptance of the agreement
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Bilateral Obligations: Section making confidentiality obligations mutual - used when both parties will exchange confidential information
2. Personal Data Processing: GDPR compliance provisions - required when confidential information includes personal data
3. Technical Interface: Specifications for technical means of sharing information - used when specific online platforms or systems will be used
4. Audit Rights: Rights to audit compliance - included for high-sensitivity information
5. Insurance Requirements: Obligations to maintain specific insurance coverage - used for high-value or high-risk information
6. Non-Competition: Additional non-compete provisions - used when competitive sensitivity is high
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Appendix A - Digital Acceptance Process: Technical steps for online execution and acceptance
5. Appendix B - Information Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
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