A Subcontractor Confidentiality Agreement is essential when businesses need to share sensitive information with external contractors while maintaining control over its use and protection. This German law-governed document is particularly crucial in today's business environment where companies frequently engage specialized subcontractors who need access to proprietary information, trade secrets, or sensitive data to perform their services. The agreement incorporates requirements from the German Trade Secrets Act (GeschGehG), the Federal Data Protection Act (BDSG), and EU GDPR, making it suitable for both domestic German operations and international business relationships. It includes comprehensive provisions for data handling, security measures, and breach remedies, while addressing specific German legal requirements for confidentiality obligations and trade secret protection.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration details, and addresses
2. Background: Context of the relationship between parties and purpose of the confidentiality agreement
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection Compliance: Obligations regarding personal data handling in accordance with GDPR and BDSG
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Non-Competition: Restrictions on competitive activities, if applicable to the subcontractor relationship
2. Intellectual Property Rights: Specific provisions regarding IP rights when the subcontractor may create or have access to IP
3. Insurance Requirements: Specific insurance requirements for subcontractors handling sensitive information
4. Audit Rights: Right to audit subcontractor's compliance with confidentiality obligations
5. Assignment and Subcontracting: Provisions regarding whether the subcontractor can further subcontract or assign obligations
6. Force Majeure: Provisions for handling confidential information during force majeure events
7. Severability: Standard severability clause, particularly important under German law
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data under GDPR/BDSG
5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual employees of the subcontractor
6. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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