This Cross Border NDA template is essential for businesses engaging in international collaborations, negotiations, or transactions where confidential information needs to be shared across borders. The document is specifically structured to comply with German law while maintaining international enforceability, incorporating provisions from the German Trade Secrets Act and EU GDPR. It is particularly valuable for initial business discussions, due diligence processes, joint ventures, and technology licensing negotiations. The agreement includes comprehensive provisions for data protection, permitted disclosures, and enforcement mechanisms suitable for cross-border relationships, making it ideal for both German companies engaging with international partners and foreign companies doing business in Germany.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', 'Authorized Recipients', and 'Affiliated Companies'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Data Protection: GDPR compliance provisions and data protection obligations
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
11. Entire Agreement: Integration clause confirming the complete agreement between parties
1. Non-Solicitation: Optional restrictions on soliciting employees or customers, included when parties want additional business protection
2. Non-Competition: Optional restrictions on competing activities, included when sharing highly sensitive business information
3. Export Control: Required when confidential information may be subject to export control regulations
4. Arbitration: Optional alternative dispute resolution mechanism, particularly useful for cross-border agreements
5. Language: Specification of controlling language version, needed when agreement is executed in multiple languages
6. Electronic Execution: Provisions for electronic signature and execution, included when parties plan to sign electronically
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Requirements: Specific technical and organizational measures required for protecting confidential information
3. Schedule 3 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients to sign
5. Appendix B - Information Security Standards: Detailed information security standards and protocols to be followed
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