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Digital Non Disclosure Agreement

Digital Non Disclosure Agreement Template for Germany

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Key Requirements PROMPT example:

Digital Non Disclosure Agreement

"I need a Digital Non-Disclosure Agreement under German law for a collaboration between our software company and an AI startup, specifically covering source code sharing and API integration, with the agreement to be effective from March 2025."

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Document background
The Digital Non-Disclosure Agreement is essential in modern business relationships where confidential information is primarily shared and stored in digital formats. This document becomes necessary when parties need to exchange sensitive digital information such as software code, digital assets, electronic documents, or access to digital platforms. The agreement, governed by German law, incorporates specific provisions from the German Trade Secrets Act (GeschGehG) and addresses digital security requirements, electronic transmission protocols, and data protection obligations. It is particularly relevant for technology partnerships, digital service provisions, software development projects, and other business relationships involving digital intellectual property. The document ensures compliance with both German national laws and EU regulations while providing practical frameworks for protecting digital confidential information.
Suggested Sections

1. Parties: Identification of the contracting parties, including registered addresses and company details as required under German law

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Digital Materials', and 'Authorized Recipients'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including digital formats and transmission methods

5. Obligations of Confidentiality: Core confidentiality obligations, including digital security measures and access controls

6. Permitted Use and Access: Specified purposes for which confidential information may be used and conditions for digital access

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

8. Return or Destruction of Information: Provisions for secure deletion or return of digital confidential information

9. Term and Termination: Duration of the agreement and termination provisions

10. Breach and Remedies: Consequences of breach and available legal remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Third Party Access: Additional provisions for cases where third-party service providers need access to confidential information

2. International Data Transfers: Required when confidential information may be transferred outside the EU/EEA

3. Source Code Protection: Specific provisions for protecting software source code when relevant

4. Reverse Engineering Prohibition: Specific prohibitions against reverse engineering of digital products or software

5. Data Privacy Compliance: Additional GDPR compliance provisions when personal data is included in confidential information

6. Electronic Signature Provisions: Specific provisions regarding the validity of electronic signatures when not using qualified electronic signatures

7. Competition Restrictions: Non-compete or non-solicitation provisions, if permitted under the specific circumstances

Suggested Schedules

1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures required for digital information

3. Schedule 3 - Data Deletion Protocol: Specific procedures for secure deletion of digital confidential information

4. Appendix A - Digital Systems: List of approved digital systems and platforms for sharing confidential information

5. Appendix B - Information Categories: Categorization of different types of confidential information and their handling requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses




























Relevant Industries

Information Technology

Software Development

Digital Services

E-commerce

Financial Technology

Digital Healthcare

Telecommunications

Digital Media

Cloud Computing

Artificial Intelligence

Cybersecurity

Digital Manufacturing

Research & Development

Digital Entertainment

Online Education

Relevant Teams

Legal

Information Technology

Information Security

Digital Operations

Research and Development

Product Development

Innovation

Business Development

Procurement

Software Development

Data Protection

Digital Transformation

Cloud Infrastructure

Enterprise Architecture

Relevant Roles

Chief Technology Officer

Information Security Manager

Digital Project Manager

Software Development Lead

IT Director

Data Protection Officer

Legal Counsel

Business Development Manager

Digital Product Manager

Systems Administrator

Cloud Architecture Manager

Innovation Director

Research Lead

Digital Operations Manager

Procurement Manager

Contract Manager

Chief Information Officer

Digital Transformation Lead

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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