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Secrecy Agreement

Secrecy Agreement Template for Germany

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Key Requirements PROMPT example:

Secrecy Agreement

"I need a Secrecy Agreement governed by German law for a software development partnership between our Munich-based tech company and an external AI consultant, with special emphasis on protecting our source code and development methodologies, to be effective from March 1, 2025."

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Document background
The Secrecy Agreement is essential for businesses and individuals operating under German law who need to protect confidential information during business negotiations, partnerships, or employment relationships. It serves as a crucial legal framework for safeguarding trade secrets, proprietary information, and other confidential matters, ensuring compliance with the German Trade Secrets Act (GeschGehG) and related regulations. This document is particularly important given Germany's strict requirements for trade secret protection and the potential consequences of unauthorized disclosure. It should be used before sharing any sensitive information with third parties, whether in the context of business negotiations, due diligence processes, consulting arrangements, or other professional relationships. The agreement can be tailored to address specific types of confidential information, including technical data, business strategies, customer information, and intellectual property.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and legal form

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Trade Secrets', 'Authorized Representatives', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, aligned with GeschGehG requirements

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required measures to protect 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 or request

9. Duration and Survival: Term of the agreement and survival of confidentiality obligations

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

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

Optional Sections

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

2. Intellectual Property Rights: Added when confidential information includes IP rights or when IP might be created during the relationship

3. Non-Solicitation: Optional clause preventing solicitation of employees, useful in business relationship contexts

4. Export Control: Required when confidential information may be subject to export control regulations

5. Prior Agreements: Needed when replacing or supplementing existing confidentiality obligations

6. Severability (Salvatorische Klausel): Standard German law clause, recommended but not mandatory

7. Amendments and Waivers: Added for longer-term relationships where modifications might be needed

8. Notice Requirements: Detailed notification procedures, important for complex business relationships

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purpose(s) for which confidential information may be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Automotive

Energy

Telecommunications

Real Estate

Consumer Goods

Industrial

Software Development

Pharmaceuticals

Chemical Industry

Defense

Media & Entertainment

Relevant Teams

Legal

Human Resources

Research and Development

Business Development

Executive Leadership

Procurement

Finance

Operations

Information Technology

Innovation

Product Development

Compliance

Intellectual Property

Sales

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Research Director

Project Manager

Human Resources Director

Chief Technology Officer

Innovation Manager

Procurement Manager

Chief Financial Officer

Operations Director

Investment Manager

Strategic Partnership Manager

Sales Director

Product Development Manager

Compliance Officer

Intellectual Property Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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