International NDA Agreement

International NDA Agreement Template for Germany

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Key Requirements PROMPT example:

"I need an International NDA Agreement governed by German law for a software development collaboration between our Munich-based tech company and a Japanese AI startup, to be effective from March 2025, with specific provisions for source code protection and cloud-based data sharing."

Document background

This International NDA Agreement is essential for businesses engaging in cross-border commercial relationships where confidential information needs to be protected under German law. It is particularly relevant when either the disclosing or receiving party has operations in Germany or when parties specifically choose German law for its robust trade secret protection framework. The agreement incorporates provisions from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and relevant EU regulations, making it suitable for international business discussions, potential partnerships, joint ventures, or any situation requiring the exchange of sensitive business information. It should be used before sharing confidential information in international business contexts, such as during due diligence processes, technological collaborations, or service provider relationships.

Suggested Sections

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 purpose of sharing confidential information

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Personnel', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and exclusions

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

6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and conditions for disclosure to authorized persons

7. Protection Measures: Required security measures for protecting confidential information, as required by German Trade Secrets Act

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 specific provisions under German law

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

Optional Sections

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

2. Export Control: Needed when confidential information is subject to international trade restrictions

3. Intellectual Property Rights: Required when confidential information includes or relates to IP rights

4. Non-Solicitation: Optional clause preventing solicitation of employees or customers

5. Translations: Required when agreement is executed in multiple languages

6. Insurance Requirements: Optional section specifying required insurance coverage for confidential information

7. Audit Rights: Optional provision allowing auditing of compliance with confidentiality obligations

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational measures for protecting confidential information

4. Schedule 4 - Approved Subcontractors: List of approved third parties who may receive confidential information

5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Financial Services

Healthcare

Pharmaceuticals

Automotive

Aerospace

Professional Services

Research & Development

Energy

Telecommunications

Biotechnology

Industrial Engineering

Software Development

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Information Technology

Procurement

Finance

Compliance

Operations

Information Security

Risk Management

Innovation

Strategic Planning

Commercial Operations

Relevant Roles

Legal Counsel

Chief Executive Officer

Chief Technology Officer

Business Development Manager

Research Director

Project Manager

Procurement Manager

Innovation Manager

Chief Financial Officer

Compliance Officer

Commercial Director

Head of Strategy

Operations Director

Information Security Officer

Risk Manager

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Authors

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