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Simple Non Disclosure Agreement for Germany

Simple Non Disclosure Agreement Template for Germany

This is a bilateral Non-Disclosure Agreement (NDA) governed by German law, designed to protect confidential information exchanged between parties during business discussions or collaborations. The agreement complies with German legal requirements, particularly the German Trade Secrets Act (GeschGehG) and relevant provisions of the German Civil Code (BGB). It provides comprehensive protection for confidential information while maintaining simplicity and clarity in its terms. The document includes essential provisions for defining confidential information, permitted uses, disclosure restrictions, and remedies for breach, all structured in accordance with German legal principles and business practices.

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What is a Simple Non Disclosure Agreement?

This Simple Non-Disclosure Agreement is designed for use in German business contexts where parties need to protect confidential information during business discussions, negotiations, or collaborative projects. It provides a straightforward framework for maintaining confidentiality while complying with German law, particularly the GeschGehG (Trade Secrets Act) and BGB (Civil Code). The document is suitable for both commercial and individual relationships, covering various types of confidential information including business plans, technical data, know-how, and trade secrets. It's particularly useful for initial business discussions, due diligence processes, and preliminary negotiations where detailed information needs to be shared before establishing more complex contractual relationships. The agreement includes provisions for handling confidential information, permitted disclosures, and consequences of breach, all aligned with German legal requirements and business practices.

What sections should be included in a Simple Non Disclosure Agreement?

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

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

3. Definitions: Define key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Term and Survival: Duration of the agreement and survival of obligations after termination

8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination

9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

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

What sections are optional to include in a Simple Non Disclosure Agreement?

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

2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is anticipated

3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship

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

5. Force Majeure: Optional clause addressing extraordinary circumstances affecting compliance

6. Prior Agreements: Include when replacing or superseding existing confidentiality agreements

7. Severability: Standard salvatory clause, recommended but not always essential under German law

What schedules should be included in a Simple Non Disclosure Agreement?

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

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

3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting 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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Real Estate

Retail

Education

Energy

Telecommunications

Biotechnology

Automotive

Construction

Media & Entertainment

Relevant Teams

Legal

Business Development

Executive Leadership

Human Resources

Research & Development

Information Technology

Finance

Operations

Procurement

Sales

Strategy

Product Development

Investment

Corporate Communications

Compliance

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Project Manager

Research Director

Chief Technology Officer

Human Resources Director

Finance Director

Operations Manager

Product Manager

Investment Manager

Procurement Manager

Sales Director

Strategy Consultant

Technical Lead

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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