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Technology Confidentiality Agreement for Germany

Technology Confidentiality Agreement Template for Germany

A comprehensive legal agreement governed by German law, specifically designed to protect confidential technological information, trade secrets, and proprietary technical data shared between parties. The agreement incorporates requirements from the German Trade Secrets Act (GeschGehG) and related legislation, ensuring robust protection of technical know-how, development processes, and technological innovations. It includes detailed provisions for handling sensitive technical information, security measures, and compliance with German and EU data protection regulations.

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What is a Technology Confidentiality Agreement?

The Technology Confidentiality Agreement is essential for organizations sharing sensitive technical information in Germany, providing a robust framework for protecting proprietary technology and trade secrets. It is specifically designed to comply with German legal requirements, particularly the German Trade Secrets Act (GeschGehG) and related EU regulations. This agreement is typically used when parties need to share technical specifications, source code, development methodologies, or other sensitive technological information during business relationships, joint ventures, or potential collaborations. It includes comprehensive provisions for information security, data handling, and breach notification, while addressing specific German legal requirements for trade secret protection.

What sections should be included in a Technology Confidentiality Agreement?

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

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

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized persons or required by law

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

8. Return or Destruction: Requirements for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and termination provisions

10. Breach and Remedies: Consequences of breach, including available legal remedies and liability provisions

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

What sections are optional to include in a Technology Confidentiality Agreement?

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

2. Employee and Contractor Obligations: Include when receiving party needs to share information with employees or contractors

3. Export Control: Required when technology or information is subject to export control regulations

4. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection

5. Jurisdictional Provisions: Required for cross-border agreements involving multiple jurisdictions

6. Audit Rights: Optional section granting rights to audit compliance with security measures

7. Insurance Requirements: Include when specific insurance coverage for data breaches is required

What schedules should be included in a Technology Confidentiality Agreement?

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

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Persons: List of persons or roles authorized to access confidential information

4. Schedule 4 - Information Handling Procedures: Detailed procedures for handling, storing, and destroying confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by employees or contractors

6. Appendix B - Security Breach Notification Procedure: Procedure to be followed in case of security breaches or unauthorized disclosures

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions












































Clauses






























Relevant Industries

Information Technology

Software Development

Telecommunications

Manufacturing

Research & Development

Biotechnology

Automotive

Electronics

Defense Technology

Financial Technology

Healthcare Technology

Industrial Automation

Artificial Intelligence

Cloud Computing

Cybersecurity

Relevant Teams

Legal

Information Technology

Research & Development

Information Security

Compliance

Product Development

Innovation

Software Development

Data Protection

Technical Operations

Intellectual Property

Enterprise Architecture

Quality Assurance

Project Management Office

Technical Support

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Compliance Officer

Information Security Manager

Research & Development Director

Technical Project Manager

Systems Architect

Data Protection Officer

Innovation Manager

Product Development Manager

Technical Account Manager

Chief Information Security 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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