This Unilateral NDA template is specifically designed for use under German law when one party needs to share confidential information with another party while maintaining strict control over its use and disclosure. The document is particularly relevant for business negotiations, potential partnerships, service provider relationships, or investment discussions where sensitive information needs to be shared. It complies with the German Trade Secrets Act (GeschGehG) and relevant provisions of the German Civil Code (BGB), making it suitable for both domestic German transactions and international business relationships governed by German law. The agreement includes comprehensive provisions for protecting trade secrets, technical information, business strategies, and other confidential information, while establishing clear obligations and remedies aligned with German legal requirements.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, company details, and registered addresses
2. Background: Brief context of why the NDA is being entered into and the nature of the potential business relationship
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant defined terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the Receiving Party regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specific circumstances under which the Receiving Party may use or disclose the confidential information
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including provisions for injunctive relief
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
12. Entire Agreement and Amendments: Standard boilerplate confirming this is the complete agreement and how it may be modified
13. Signatures: Execution blocks for both parties, including date and authorized signatories
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Include when confidential information involves IP rights or when IP might be created during the permitted purpose
3. Representatives and Third Parties: Detailed section about who can access the information and under what conditions, particularly relevant for corporate recipients
4. No License or Transfer of Rights: Explicit statement that no IP or other rights are transferred, important when technical or proprietary information is involved
5. Notice Requirements: Include when specific notification procedures for disclosure requests or breaches are needed
6. Non-Solicitation: Optional clause preventing solicitation of employees, useful when sharing employee or organizational information
7. Severability: Standard boilerplate more commonly included in longer versions of NDAs
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered, particularly useful when the scope needs to be precisely defined
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives or permitted recipients
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