Non Disclosure Agreement For Subcontractor

Non Disclosure Agreement For Subcontractor Template for Germany

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Key Requirements PROMPT example:

"I need a Non Disclosure Agreement For Subcontractor under German law for an IT services provider who will be accessing our source code and customer databases; it needs to include GDPR compliance provisions and cascade confidentiality obligations for the subcontractor's development team in India."

Document background

This Non-Disclosure Agreement For Subcontractor is essential when engaging external subcontractors who will have access to sensitive business information in Germany. It complies with German legal requirements, particularly the German Trade Secrets Act (GeschGehG) and the German Civil Code (BGB), while addressing GDPR considerations where applicable. The document is designed to protect confidential information, trade secrets, technical know-how, and business data that may be shared during the subcontractor relationship. It includes specific provisions for information handling, security measures, and cascade confidentiality obligations for subcontractor's employees. This agreement is particularly important in complex business relationships where subcontractors need deep access to proprietary information to perform their services.

Suggested Sections

1. Parties: Identification of the main contracting party and the subcontractor, including full legal names and addresses

2. Background: Context of the relationship and purpose of the NDA in relation to the subcontractor arrangement

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', 'Trade Secrets', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including trade secrets, know-how, and business information

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection requirements

6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including to employees and other subcontractors

7. Security Measures: Required technical and organizational measures to protect confidential information

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Duration and Survival: Term of the agreement and surviving obligations

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages under German law

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Data Protection: Additional section when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Section needed when confidential information includes IP rights or when development work is involved

3. Employee and Sub-subcontractor Obligations: Detailed section when subcontractor needs to share information with its own employees or sub-subcontractors

4. Insurance Requirements: Section requiring specific insurance coverage for handling sensitive information

5. Audit Rights: Optional provisions allowing the main party to audit subcontractor's compliance

6. Non-Competition: Additional restrictions on competitive activities, if permissible under German law

7. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)

Suggested Schedules

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

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

4. Schedule 4 - Form of Employee Confidentiality Agreement: Template for confidentiality agreements to be signed by subcontractor's employees

5. Schedule 5 - Data Processing Requirements: GDPR-specific requirements if personal data is involved

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

Information Technology

Manufacturing

Professional Services

Construction

Healthcare

Financial Services

Telecommunications

Research and Development

Automotive

Energy

Aerospace

Pharmaceutical

Engineering

Consulting

Software Development

Relevant Teams

Legal

Procurement

Information Security

Compliance

Risk Management

Operations

Human Resources

Information Technology

Supply Chain

Project Management

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Chief Information Security Officer

Data Protection Officer

Operations Director

Supply Chain Manager

IT Director

Chief Technology Officer

Risk Manager

Compliance Officer

Business Development Manager

Human Resources Director

Vendor Management Officer

Find the exact document you need

Standard NDA Agreement

German law-governed NDA for protecting confidential information in business relationships, compliant with GeschGehG and BGB requirements.

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Let's create your Non Disclosure Agreement For Subcontractor

Authors

Alex Denne

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