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Small Business Confidentiality Agreement

Small Business Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Small Business Confidentiality Agreement

"I need a Small Business Confidentiality Agreement for my Berlin-based software consultancy that will be sharing technical specifications with external developers in March 2025; it needs to include strong data protection provisions and specific clauses about source code protection."

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Document background
This Small Business Confidentiality Agreement is essential for German small businesses needing to protect sensitive information during business relationships, partnerships, or negotiations. It is specifically drafted to comply with German law, particularly the German Trade Secrets Act (GeschGehG) and relevant provisions of the German Civil Code (BGB). The document is commonly used when sharing business plans, technical information, client data, or other confidential information with external parties. It includes provisions for data protection under GDPR, specific security measures required by German law, and appropriate enforcement mechanisms. The agreement is particularly valuable for small businesses engaging with contractors, service providers, or potential business partners where confidential information needs to be shared while maintaining legal protection.
Suggested Sections

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

2. Background: Brief context of the business relationship and purpose of sharing confidential information

3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', and other key terms used in the agreement

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

5. Permitted Uses: Specific authorized uses of the confidential information and conditions for such use

6. Security Measures: Required security measures for protecting confidential information in accordance with German Trade Secrets Act

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

8. Duration and Termination: Term of the agreement and confidentiality obligations post-termination

9. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection: Additional provisions specific to personal data handling under GDPR - include when confidential information may contain personal data

2. Employees and Representatives: Specific provisions regarding employee and third-party obligations - include for larger small businesses with multiple staff handling confidential information

3. Intellectual Property Rights: Clarification of IP ownership and rights - include when confidential information includes IP-sensitive material

4. Non-Competition: Basic non-competition provisions - include when sharing particularly sensitive market-related information

5. Contractual Penalties: Specific penalties for breach under German law - include when requiring stronger enforcement mechanisms

6. Severability: Standard severability clause under German law - include for more complex agreements

Suggested Schedules

1. Schedule 1: Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2: Authorized Representatives: List of authorized representatives who may access the confidential information

3. Schedule 3: Security Protocols: Specific security measures and protocols required for handling the confidential information

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

Technology

Professional Services

Manufacturing

Retail

Healthcare

Financial Services

Construction

IT Services

Consulting

E-commerce

Software Development

Creative Industries

Business Services

Engineering

Research and Development

Relevant Teams

Legal

Operations

Human Resources

Business Development

Procurement

Executive Leadership

Finance

Compliance

Administration

Project Management

Relevant Roles

Business Owner

Managing Director

Legal Counsel

Business Development Manager

Project Manager

HR Manager

Operations Manager

Technical Director

Chief Executive Officer

Procurement Manager

Contract Manager

Compliance Officer

Finance Director

Department Head

Partnership Manager

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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