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Two Sided NDA

Two Sided NDA Template for Germany

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Key Requirements PROMPT example:

Two Sided NDA

"I need a Two-Sided NDA governed by German law for a potential merger discussion between our manufacturing company and a tech startup, with specific provisions for protecting technical drawings and source code, to be effective from March 2025."

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Document background
This Two Sided NDA is essential for businesses operating under German law who need to protect confidential information during business discussions, due diligence processes, or collaborative ventures. The document is structured to comply with German legal requirements, particularly the GeschGehG (Trade Secret Protection Act) and BGB (Civil Code), while providing comprehensive protection for both parties' confidential information. It is commonly used before entering into detailed business negotiations, sharing technical information, discussing potential partnerships, or exploring joint ventures. The agreement includes specific provisions required under German law for trade secret protection, data protection considerations, and appropriate remedies for breach of confidentiality obligations.
Suggested Sections

1. Parties: Identification and details of both parties entering into the NDA

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

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

7. Security Measures: Required protective measures for maintaining confidentiality of the information

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

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 contractual provisions including governing law, jurisdiction, and entire agreement

Optional Sections

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

2. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees

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

4. Residual Knowledge: Optional clause addressing use of retained knowledge that cannot be erased from memory

5. Export Control: Required when confidential information may be subject to export control regulations

6. Force Majeure: Optional provision for circumstances preventing performance of obligations

7. Insurance: Optional requirement for parties to maintain specific insurance coverage

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2 - Security Protocols: Detailed security measures and procedures for handling confidential information

3. Schedule 3 - Specific Confidential Information: Detailed list or categories of information deemed confidential under the agreement

4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives

5. Appendix B - Data Processing Terms: Required GDPR-compliant data processing terms if personal data is involved

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

Manufacturing

Healthcare

Financial Services

Biotechnology

Automotive

Professional Services

Research & Development

Software Development

Telecommunications

Energy

Pharmaceuticals

Industrial Engineering

Aerospace

Chemical Industry

Relevant Teams

Legal

Business Development

Research & Development

Executive Leadership

Operations

Information Technology

Finance

Procurement

Corporate Development

Product Development

Innovation

Strategic Planning

Mergers & Acquisitions

Technical Operations

Compliance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Legal Counsel

Business Development Manager

Research Director

Project Manager

Innovation Manager

Chief Financial Officer

Head of Operations

Technical Director

Procurement Manager

Strategic Partnerships Manager

Investment Director

Product Development Manager

Chief Information 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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