This Commercial NDA template is specifically designed for business relationships under German law, where parties need to exchange confidential information in the course of commercial activities. It is particularly relevant for situations involving business negotiations, due diligence processes, joint ventures, or supplier relationships. The document incorporates key requirements from the German Trade Secrets Act (GeschGehG) and German Civil Code (BGB), ensuring that confidential information receives adequate legal protection. The agreement includes specific provisions required under German law for trade secret protection, including mandatory security measures and clear documentation of confidential information. It's structured to be robust enough for court enforcement while remaining practical for business use.
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1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses
2. Background: Context of the business relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of Confidential Information, Permitted Purpose, Affiliated Companies, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and permitted uses of confidential information
6. Security Measures: Required security measures for protecting confidential information in accordance with GeschGehG
7. Permitted Disclosures: Conditions under which confidential information may be shared with employees, advisors, or other authorized persons
8. Return or Destruction: Obligations regarding the return or destruction 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, including contractual penalties (Vertragsstrafe) and injunctive relief
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Data Protection: Required when confidential information includes personal data subject to GDPR/DSGVO
2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is anticipated
3. Non-Solicitation: Optional clause preventing parties from soliciting each other's employees or customers
4. Export Control: Include when confidential information may be subject to export control regulations
5. Prior Information Exchange: Include when parties have already exchanged confidential information before the agreement
6. Residual Knowledge: Optional clause addressing use of retained knowledge that cannot be unlearned
7. Competitive Activities: Include when parties are competitors or may become competitors
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Automotive
Chemical Industry
Energy
Telecommunications
Research and Development
Biotechnology
Software Development
Consulting
Industrial Engineering
Pharmaceuticals
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Procurement
Commercial Operations
Innovation
Finance
Operations
Strategic Partnerships
Contracts Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Procurement Manager
Commercial Director
Head of Innovation
Chief Financial Officer
Operations Manager
Business Unit Director
Strategic Partnerships Manager
Contract Manager
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