This Bilateral NDA template is specifically designed for use under German law when two parties need to exchange confidential information while ensuring legal protection. The document is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation requiring mutual disclosure of sensitive information. The agreement incorporates key requirements from German legislation, including the German Civil Code (BGB), Trade Secrets Act (GeschGehG), and data protection regulations (GDPR). It provides comprehensive protection while remaining flexible enough to accommodate various business contexts. This Bilateral NDA template includes specific provisions for defining confidential information, permitted uses, security measures, and breach remedies, all structured to be enforceable under German jurisdiction.
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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: Detailed definitions including 'Confidential Information', 'Authorized Persons', 'Permitted Purpose'
4. Scope of Confidential Information: Specific description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Data Protection: Provisions ensuring compliance with GDPR and German data protection laws
8. Term and Termination: Duration of the agreement and termination provisions
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
1. Intellectual Property Rights: Additional provisions regarding IP rights in shared information, recommended when technical or creative information is involved
2. Non-Solicitation: Provisions preventing parties from soliciting each other's employees, optional for business relationships where this is a concern
3. Specific Security Measures: Detailed technical and organizational measures for protecting confidential information, recommended for highly sensitive data
4. Export Control: Provisions regarding compliance with export control laws, necessary when dealing with regulated technologies or international transfers
5. Severability Clause: Standard clause ensuring survival of agreement if parts are found invalid, recommended for complex agreements
1. Schedule 1 - Authorized Persons: List of individuals authorized to access confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational measures for data protection
3. Schedule 3 - Information Classification Guidelines: Guidelines for categorizing different types of confidential information
4. Appendix A - Form of Notification: Template for notifications regarding unauthorized disclosure or data breaches
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Education
Automotive
Biotechnology
Energy
Telecommunications
Real Estate
Media & Entertainment
Retail
Consulting
Relevant Teams
Legal
Business Development
Research & Development
Human Resources
Executive Leadership
Information Technology
Procurement
Finance
Operations
Compliance
Innovation
Strategic Partnerships
Product Development
Corporate Communications
Risk Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Research Director
Project Manager
Human Resources Director
Chief Technology Officer
Innovation Manager
Procurement Manager
Contract Manager
Compliance Officer
Chief Financial Officer
Strategic Partnership Manager
Operations Director
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