Non Disclosure Non Solicitation Agreement

Non Disclosure Non Solicitation Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Non Disclosure Non Solicitation Agreement under German law for a potential joint venture with a technology company, protecting our AI algorithms and preventing them from poaching our software development team for 24 months after our discussions."

Document background

This Non Disclosure Non Solicitation Agreement is essential for businesses operating under German law who need to protect their confidential information and maintain stable business relationships. It is typically used when entering into business discussions, partnerships, or potential transactions where sensitive information needs to be shared. The agreement combines robust confidentiality provisions compliant with the German Trade Secrets Act (GeschGehG) with carefully drafted non-solicitation clauses that meet the requirements of German employment and competition law. It is particularly important for scenarios involving potential business partnerships, due diligence processes, or strategic collaborations where there is a risk of both information leakage and potential poaching of key employees or customers.

Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Business Relationship', 'Solicitation', and 'Protected Persons'

4. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, and business partners

7. Duration of Obligations: Time periods for confidentiality and non-solicitation obligations

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

9. Breach and Remedies: Consequences of breach and available legal remedies including potential liquidated damages

10. General Provisions: Standard clauses including governing law, jurisdiction, and severability

Optional Sections

1. Data Protection: GDPR compliance provisions - include when personal data is part of the confidential information

2. Audit Rights: Rights to audit compliance - include for high-risk or regulated industry relationships

3. Third Party Rights: Rights of affiliated companies or third parties - include when multiple entity groups are involved

4. Non-Competition: Additional competition restrictions - include when broader protection is required and compliant with German law

5. Assignment and Succession: Rules for transferring agreement rights - include for long-term or complex business relationships

6. Insurance Requirements: Obligations to maintain specific insurance - include for high-value or high-risk relationships

Suggested Schedules

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

2. Schedule 2 - Protected Customers: List of specific customers covered by non-solicitation provisions

3. Schedule 3 - Protected Employees: Categories or list of employees covered by non-solicitation provisions

4. Schedule 4 - Security Measures: Required technical and organizational measures for protecting confidential information

5. Appendix A - Authorized Recipients: List of persons authorized to receive confidential information

6. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

Pharmaceutical

Professional Services

Research & Development

Automotive

Chemical

Energy

Telecommunications

Software Development

Biotechnology

Consumer Goods

Industrial Engineering

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research & Development

Information Technology

Operations

Finance

Procurement

Commercial

Strategic Planning

Mergers & Acquisitions

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Head of Human Resources

Business Development Director

Chief Technology Officer

Research Director

Project Manager

Innovation Manager

Procurement Manager

Strategic Partnerships Manager

Chief Financial Officer

Head of Operations

Commercial Director

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