The Relationship Non Disclosure Agreement is designed for situations where parties intend to engage in an ongoing business relationship that involves the exchange of confidential information. It goes beyond a standard NDA by incorporating terms that govern the broader business relationship while ensuring robust protection of sensitive information. This document is particularly relevant in the German legal context, complying with the German Trade Secrets Act (GeschGehG), Civil Code (BGB), and where applicable, GDPR requirements. It's commonly used in strategic partnerships, joint ventures, long-term service arrangements, and other collaborative business relationships where parties need to share sensitive information while clearly defining their relationship parameters. The agreement includes comprehensive provisions for protecting confidential information, permitted uses, security measures, and relationship terms, making it suitable for complex business arrangements under German law.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the relationship and purpose of the NDA, including the nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Relationship Period'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Permitted Disclosures: Circumstances under which confidential information may be shared and with whom
6. Protection Measures: Specific security measures required to protect confidential information in accordance with GeschGehG
7. Obligations of the Receiving Party: Detailed responsibilities regarding the use, storage, and protection of confidential information
8. Relationship Terms: Nature and scope of the business relationship between the parties
9. Return or Destruction of Information: Procedures for handling confidential information upon termination
10. Term and Termination: Duration of both the relationship and confidentiality obligations
11. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when personal data will be shared, including GDPR compliance measures
2. Employee and Subcontractor Obligations: Include when parties need to ensure their employees/subcontractors maintain confidentiality
3. Non-Competition Provisions: Optional restrictions on competitive activities during the relationship
4. Intellectual Property Rights: Include when IP rights might be involved in the relationship
5. Insurance Requirements: Include when specific insurance coverage is needed for the relationship
6. Audit Rights: Include when one party requires the right to audit the other's compliance
7. Force Majeure: Include for long-term relationships where external events might affect performance
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational measures for protecting confidential information
4. Schedule 4 - Relationship Scope: Detailed description of the business relationship and activities covered
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees/subcontractors
6. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
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