This Simple Confidentiality Agreement is designed for use in business relationships where confidential information needs to be shared under German law. It is particularly suitable for initial business discussions, potential partnerships, service arrangements, or consulting relationships where one or both parties need to disclose sensitive business information. The agreement complies with the German Trade Secrets Act (GeschGehG) and includes necessary provisions for GDPR compliance where personal data is involved. It can be used both for one-way and mutual confidentiality obligations, though it is primarily structured for one-way disclosure. The document is designed to be straightforward while providing robust protection under German law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Scope of permitted use of confidential information and allowed disclosures to representatives
6. Security Measures: Required measures to protect confidential information from unauthorized access
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Survival: Duration of the agreement and surviving obligations
9. Breach and Remedies: Consequences of breach and available legal remedies including potential contractual penalties
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
3. Intellectual Property Rights: Clarification of IP ownership when confidential information includes IP-sensitive material
4. Competition Restrictions: Additional restrictions on competitive activities, subject to German law limitations
5. Export Control: Required when confidential information is subject to export control regulations
6. Press Releases and Publicity: Controls on public announcements about the business relationship
7. Translations: Required when agreement needs to be in multiple languages, specifying the prevailing version
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of representatives authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Retail
Energy
Telecommunications
Pharmaceuticals
Automotive
Software Development
Consulting
Industrial
Real Estate
Relevant Teams
Legal
Procurement
Human Resources
Research and Development
Business Development
Executive Leadership
Information Technology
Finance
Operations
Sales
Corporate Development
Compliance
Project Management
Strategic Planning
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Contract Manager
Project Manager
Procurement Manager
Human Resources Director
Chief Technology Officer
Research Director
Consultant
Investment Manager
Operations Manager
Chief Financial Officer
Sales Director
Technology Manager
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