This Company Non Disclosure Agreement is essential for businesses operating in or with German entities that need to protect confidential information during business negotiations, partnerships, or other commercial relationships. The document is specifically drafted to comply with German legal requirements, particularly the German Trade Secrets Act (GeschGehG) and the German Civil Code (BGB). It provides comprehensive protection for trade secrets, technical know-how, business strategies, and other confidential information, while ensuring enforceability under German law. This template is particularly valuable when German companies engage in business discussions, due diligence processes, joint ventures, or other collaborative arrangements where sensitive information needs to be shared. The agreement includes specific provisions required under German law for trade secret protection and includes appropriate remedies, including the possibility of contractual penalties (Vertragsstrafe).
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Affiliated Companies', 'Authorized Recipients', 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 the protection and non-disclosure of confidential information
6. Permitted Uses: Specified purposes for which the confidential information may be used
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies including Vertragsstrafe (contractual penalty)
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Authorized Recipients: Detailed section needed when either party needs to share information with specific third parties
3. Special Security Requirements: Additional section for highly sensitive information requiring specific security protocols
4. Export Control: Required when confidential information is subject to export control regulations
5. Intellectual Property Rights: Additional section when confidential information includes IP-protected materials
6. Prior Agreements: Required when replacing or supplementing existing confidentiality obligations
7. Competition Law Compliance: Needed when parties are competitors or in sensitive market positions
1. Schedule 1 - Description of Project/Purpose: Detailed description of the project or purpose for which confidential information is shared
2. Schedule 2 - Security Measures: Technical and organizational measures required for protecting confidential information
3. Schedule 3 - Authorized Recipients: List of individuals or entities authorized to receive confidential information
4. Schedule 4 - Contact Persons: Designated contact persons for notices and handling of confidential information
5. Appendix A - Information Classification Guidelines: Guidelines for classification and handling of different types of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Healthcare and Life Sciences
Financial Services
Automotive
Energy and Utilities
Telecommunications
Research and Development
Consumer Goods
Industrial Engineering
Chemical Industry
Pharmaceuticals
Defense and Aerospace
Media and Entertainment
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Information Security
Procurement
Executive Leadership
Corporate Strategy
Innovation
Finance
Risk Management
Operations
Information Technology
Project Management Office
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Research Director
Chief Financial Officer
Procurement Manager
Partnership Manager
Innovation Manager
Compliance Officer
Contract Manager
Head of Strategy
Chief Information Security Officer
Head of Research and Development
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