This Perpetual NDA is essential for business relationships where long-term or indefinite protection of confidential information is crucial. It is particularly relevant for situations involving trade secrets, proprietary technology, or strategic business information that requires protection beyond a specific time frame. The document is designed under German law, incorporating requirements from the GeschGehG (German Trade Secrets Act) and BGB (German Civil Code), making it suitable for both domestic German business relationships and international partnerships with German governing law. The Perpetual NDA includes comprehensive provisions for protecting various types of confidential information, from technical specifications and business strategies to customer data and manufacturing processes, while ensuring the obligations remain enforceable under German legal principles.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses as required under German law
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Clear definitions of Confidential Information, Trade Secrets, Permitted Purpose, Affiliates, and other key terms in accordance with German legal requirements
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, aligned with GeschGehG requirements
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Perpetual nature of obligations and survival of terms
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Export Control: Needed when information may be subject to export control regulations
3. Competitive Restrictions: Optional non-compete or non-solicitation provisions, if relevant to the business relationship
4. Third Party Rights: Provisions regarding rights of third parties, particularly relevant when dealing with group companies
5. Reporting and Audit Rights: Optional provisions for monitoring compliance, particularly useful in high-risk relationships
6. Insurance Requirements: Specific insurance obligations for handling sensitive information, relevant for high-value trade secrets
7. Force Majeure: Provisions for handling confidentiality obligations during extraordinary circumstances
1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of permitted recipients of confidential information and their obligations
3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting confidential information
4. Schedule 4 - Notification Requirements: Detailed procedures for reporting potential breaches or unauthorized disclosures
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by employees or contractors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Biotechnology
Automotive
Research & Development
Chemical Industry
Pharmaceuticals
Software Development
Energy
Telecommunications
Consumer Goods
Industrial Engineering
Relevant Teams
Legal
Research and Development
Executive Leadership
Business Development
Information Technology
Innovation
Procurement
Operations
Information Security
Corporate Development
Strategic Planning
Product Development
Intellectual Property
Finance
Compliance
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Research Director
Product Manager
Innovation Manager
Strategic Partnership Director
Intellectual Property Manager
Chief Information Security Officer
Project Manager
Technical Director
Operations Manager
Procurement Manager
Corporate Development Executive
Finance Director
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