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Software Non Disclosure Agreement

Software Non Disclosure Agreement Template for Germany

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Key Requirements PROMPT example:

Software Non Disclosure Agreement

"I need a Software Non Disclosure Agreement under German law to protect our proprietary AI algorithm source code when sharing it with an external development agency in March 2025; the agreement should include strict provisions for cloud security and remote access."

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Document background
This Software Non Disclosure Agreement is essential for any business engagement involving the sharing of confidential software-related information in Germany. It is specifically designed to comply with German legal requirements, including the German Trade Secrets Act (GeschGehG) and relevant EU regulations. The document is typically used when sharing source code, development methodologies, software architecture designs, or other proprietary technical information with third parties, employees, or contractors. It includes specific provisions for digital assets, cloud storage, and modern software development practices while ensuring strong protection under German law. The agreement is particularly crucial for software development projects, technology partnerships, software licensing negotiations, and consulting engagements where proprietary software information needs to be protected.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Software', 'Documentation', 'Trade Secrets', and other key terms

4. Scope of Confidential Information: Specific description of what constitutes confidential information in the software context, including source code, algorithms, architecture, etc.

5. Obligations of Confidentiality: Core confidentiality obligations, security measures, and standards of care required

6. Permitted Use: Authorized purposes and usage of the confidential information, including any software testing or evaluation rights

7. Authorized Recipients: Rules regarding disclosure to employees, contractors, and other authorized persons, including required NDAs

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

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

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

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of software, used when dealing with compiled software or complex systems

2. Data Protection Compliance: GDPR compliance provisions, required when confidential information includes personal data

3. Cloud Storage and Security: Specific provisions for cloud-based storage and security measures, needed for digital storage of confidential information

4. Source Code Protection: Enhanced protection measures specifically for source code, used when source code access is granted

5. Audit Rights: Rights to audit compliance with security measures, useful for high-security requirements

6. Competition Restrictions: Non-compete provisions, if permitted under German law and relevant to the relationship

7. Development Rights: Provisions regarding any permitted development or testing using the confidential information

Suggested Schedules

1. Schedule 1 - Identified Confidential Information: Detailed list of specific software components, documentation, and other materials deemed confidential

2. Schedule 2 - Security Protocols: Technical and organizational security measures required for protecting the confidential information

3. Schedule 3 - Authorized Recipients: List of pre-approved individuals or roles permitted to access the confidential information

4. Schedule 4 - Return/Destruction Certificate: Template certificate for confirming the return or destruction of confidential information

5. Appendix A - Standard NDA for Recipients: Template NDA for authorized recipients such as employees or contractors

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

Financial Services

Healthcare Technology

Industrial Automation

E-commerce

Telecommunications

Automotive Software

Digital Media

Enterprise Software

Gaming and Entertainment

Cybersecurity

Cloud Services

Artificial Intelligence and Machine Learning

Internet of Things (IoT)

Relevant Teams

Legal

Information Technology

Software Development

Information Security

Procurement

Business Development

Research and Development

Quality Assurance

Product Management

Enterprise Architecture

Cloud Operations

Technical Operations

Vendor Management

Contracts Administration

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

IT Project Manager

Software Engineer

Systems Architect

Product Manager

Information Security Officer

Procurement Manager

Business Development Manager

Technical Consultant

Development Team Lead

Quality Assurance Manager

Cloud Solutions Architect

IT Contract Manager

Software Licensing Manager

Chief Information Officer

Technology 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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