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Standard Non Disclosure Agreement for Germany

Standard Non Disclosure Agreement Template for Germany

A comprehensive Non-Disclosure Agreement (NDA) governed by German law, designed to protect confidential information exchanged between parties during business discussions, negotiations, or collaborative projects. This document incorporates key requirements under German civil law, trade secret protection legislation (GeschGehG), and where applicable, data protection regulations (GDPR and BDSG). It provides robust protection for confidential information while ensuring enforceability under German jurisdiction, including specific provisions for breach remedies and enforcement mechanisms aligned with German legal principles.

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What is a Standard Non Disclosure Agreement?

This Standard Non-Disclosure Agreement is essential for businesses operating under German jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative ventures. It serves as a crucial legal framework for safeguarding sensitive business information, trade secrets, and intellectual property. The document is particularly relevant when parties need to share confidential information for potential business relationships, joint ventures, or service agreements. It incorporates key provisions required under German law, including the German Trade Secrets Act (GeschGehG) and relevant sections of the German Civil Code (BGB). This Standard Non-Disclosure Agreement is designed to be robust enough for complex business transactions while remaining flexible enough to accommodate various business contexts and relationships.

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

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

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Affiliated Companies'

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

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

6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and conditions for disclosure to authorized persons

7. Security Measures: Required security measures for protecting confidential information

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

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Breach and Remedies: Consequences of breach and available legal remedies, including provisions for injunctive relief

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

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

1. Data Protection: Additional provisions when personal data is involved, ensuring GDPR compliance

2. Intellectual Property Rights: Clarification of IP ownership and rights when technical information or trade secrets are involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Export Control: Provisions for compliance with export control laws when international transfer of technical data is involved

5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, particularly relevant for technical or product-related information

6. Residual Information: Provisions regarding the use of residual knowledge, if applicable

7. Competition Restrictions: Additional competitive restrictions, ensuring compliance with German competition law

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

1. Schedule 1: Description of 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 handling confidential information

4. Schedule 4: Permitted Purpose Details: Detailed description of the specific business purpose for which confidential information may be used

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

Professional Services

Healthcare

Financial Services

Research & Development

Information Technology

Biotechnology

Automotive

Energy

Telecommunications

Real Estate

Consumer Goods

Engineering

Education

Relevant Teams

Legal

Business Development

Research & Development

Human Resources

Procurement

Executive Leadership

Operations

Information Technology

Finance

Corporate Development

Innovation

Product Development

Partnerships

Investment

Compliance

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Technology Officer

Human Resources Director

Procurement Manager

Operations Manager

Investment Manager

Partnership Manager

Innovation Director

Product Manager

Corporate Development Officer

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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