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Confidentiality Agreement Document Template for Germany

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Key Requirements PROMPT example:

Confidentiality Agreement Document

"I need a Confidentiality Agreement Document under German law for a potential joint venture between our software company and a manufacturing partner, with special emphasis on protecting our source code and technical specifications during the evaluation period starting March 2025."

Document background
This Confidentiality Agreement Document is essential for any business relationship involving the exchange of sensitive or proprietary information under German law. It serves as a crucial legal framework for protecting trade secrets, technical information, business strategies, and other confidential data. The agreement is particularly relevant for business negotiations, joint ventures, service agreements, and potential partnerships where parties need to share sensitive information while maintaining legal protection. Governed by German law, particularly the GeschGehG and relevant EU regulations, this document provides comprehensive protection mechanisms and clear obligations for all parties involved. It is designed to meet the strict requirements of German courts regarding specificity and enforceability, while also addressing modern business needs such as digital information exchange and data protection requirements.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details as required under German law

2. Background: Context of the agreement and the business relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Authorized Representatives', and other relevant definitions aligned with GeschGehG requirements

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and trade secrets under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required technical and organizational measures for protecting confidential information

8. Term and Survival: Duration of the agreement and obligations that survive termination

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Breach and Remedies: Consequences of breach including damages and injunctive relief under German law

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction of German courts

Optional Sections

1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR

2. Third Party Rights: Provisions regarding disclosure to and obligations of third parties

3. Employee and Contractor Obligations: Specific provisions for ensuring compliance by employees and contractors

4. Export Control: Requirements for international transfer of confidential information

5. Intellectual Property Rights: Clarification of IP ownership and licensing when relevant to confidential information

6. Non-Competition: Additional restrictions on competitive activities, subject to German competition law limitations

7. Severability: Standard salvatory clause (Salvatorische Klausel) under German law

Suggested Schedules

1. Schedule 1 - Detailed Description of Confidential Information: Specific listing and categorization of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational measures for information protection

4. Schedule 4 - Notification Templates: Standard forms for reporting breaches or requesting consent for disclosure

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses





















Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Automotive

Energy

Telecommunications

Software Development

Engineering

Pharmaceuticals

Consumer Goods

Industrial Solutions

Relevant Teams

Legal

Compliance

Human Resources

Research and Development

Information Technology

Business Development

Corporate Strategy

Operations

Finance

Procurement

Innovation

Product Development

Executive Leadership

Information Security

Risk Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Human Resources Director

Procurement Manager

Innovation Manager

Strategic Partnership Director

Investment Manager

Operations Director

Chief Financial Officer

Technical Director

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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