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The Confidentiality Agreement Data Protection is essential for organizations operating under German jurisdiction that need to share sensitive information and process personal data in compliance with both German law and EU regulations. This document is particularly relevant when parties need to establish clear obligations regarding data protection under GDPR and the German Federal Data Protection Act (BDSG), while also protecting confidential business information. It should be used when engaging with service providers, contractors, or business partners who will have access to personal data and confidential information. The agreement includes specific provisions for data processing activities, security requirements, breach notification procedures, and data subject rights, making it suitable for various business relationships where data protection and confidentiality are crucial considerations.

1. Parties: Identification of the contracting parties, including registered addresses and company details as required under German law

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and other GDPR-relevant terms

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

5. Confidentiality Obligations: Core confidentiality obligations, including use restrictions, security measures, and non-disclosure requirements

6. Data Protection Obligations: GDPR and BDSG compliance requirements, including lawful basis for processing, data subject rights, and security measures

7. Term and Termination: Duration of the agreement and conditions for termination

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

9. Data Breach Notification: Procedures and timeframes for reporting data breaches under both confidentiality and GDPR requirements

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes