All Countries
Acquisition Confidentiality Agreement

Acquisition Confidentiality Agreement Template for Germany

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Acquisition Confidentiality Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Acquisition Confidentiality Agreement

"I need an Acquisition Confidentiality Agreement under German law for a potential acquisition of a Berlin-based AI software company, with strong GDPR compliance provisions and specific protections for source code and algorithmic information, to be effective from March 2025."

Celebrated by
Collaborations with
Investors
Document background
An Acquisition Confidentiality Agreement is a crucial document required at the early stages of any potential acquisition or merger transaction in Germany. It serves as the foundation for protecting confidential information exchanged during preliminary discussions and due diligence processes. The agreement must comply with German legal requirements, including the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and the GDPR. It typically covers detailed provisions about what constitutes confidential information, permitted uses, disclosure to representatives, data protection measures, and consequences of breach. This document is essential before any substantial business information is shared between parties and usually precedes other transaction documents such as term sheets or purchase agreements. Special attention is given to German-specific requirements regarding data protection, employee information, and trade secrets protection.
Suggested Sections

1. Parties: Identification of the disclosing party, receiving party, and their legal representatives

2. Background: Context of the potential transaction and purpose of the agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Affiliate'

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of confidential information

5. Permitted Use and Disclosure: Scope of permitted use of confidential information and conditions for sharing with representatives

6. Data Protection and GDPR Compliance: Obligations regarding personal data handling under GDPR and German data protection laws

7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

8. Duration and Survival: Term of the agreement and surviving obligations

9. Breach and Remedies: Consequences of breach, including injunctive relief and liquidated damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Securities Laws Compliance: Required if target is publicly traded, addressing insider trading regulations under WpHG

2. Standstill Provisions: Optional restrictions on acquiring target company shares or assets during negotiations

3. Non-Solicitation: Optional restrictions on soliciting employees or customers

4. Exclusivity: Optional period of exclusive negotiations

5. Anti-Trust Compliance: Required if deal size meets certain thresholds or involves competitors

6. Press Releases and Communications: Optional provisions governing public communications about the potential transaction

7. Cost Allocation: Optional provisions on bearing costs related to confidentiality measures

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed categorization of information deemed confidential

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Measures: Required technical and organizational measures for protecting confidential information

4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved

5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Real Estate

Energy

Retail

Telecommunications

Automotive

Professional Services

Media and Entertainment

Consumer Goods

Industrial

Life Sciences

Relevant Teams

Legal

Mergers & Acquisitions

Corporate Development

Finance

Compliance

Risk Management

Data Protection

Executive Leadership

Corporate Secretariat

Business Development

Investment Banking

Due Diligence

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Head of Mergers & Acquisitions

Corporate Development Director

Investment Banking Director

Due Diligence Manager

Data Protection Officer

Legal Counsel

Corporate Secretary

Investment Manager

Business Development Director

Integration Manager

Risk Management Officer

Compliance Officer

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - Provides the fundamental framework for contractual relationships, including general contract formation, validity, and enforcement principles
Handelsgesetzbuch (HGB): German Commercial Code - Governs commercial relationships and provides specific rules for business transactions
Geschäftsgeheimnisgesetz (GeschGehG): German Trade Secrets Act - Specifically regulates the protection of business secrets and confidential information, implementing the EU Trade Secrets Directive
Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - Regulates the processing and protection of personal data, which may be disclosed during due diligence
Bundesdatenschutzgesetz (BDSG): Federal Data Protection Act - German implementation of the GDPR, providing additional national data protection requirements
Gesetz gegen den unlauteren Wettbewerb (UWG): Act Against Unfair Competition - Protects against unfair business practices and misuse of confidential information
Wertpapierhandelsgesetz (WpHG): Securities Trading Act - Relevant for insider trading provisions if the target company is publicly listed
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

Find the exact document you need

Company Acquisition Contract

A German law-governed agreement for the acquisition of a company through share or asset purchase, incorporating mandatory German legal requirements and market-standard provisions.

find out more

Company Acquisition Agreement

A German law-governed agreement detailing the terms and conditions for acquiring a company, including purchase terms, warranties, and closing conditions.

find out more

Business Acquisition Letter Of Intent

A preliminary document under German law outlining the key terms and conditions for a proposed business acquisition, including both binding and non-binding provisions.

find out more

Asset Acquisition Agreement

A German law-governed agreement for the transfer of business assets from seller to purchaser, structured under German civil and commercial code requirements.

find out more

Acquisition Purchase Agreement

A German law-governed agreement detailing the terms and conditions for the purchase and sale of a business or company, including all necessary legal requirements under German jurisdiction.

find out more

Acquisition Confidentiality Agreement

German law-governed confidentiality agreement for protecting sensitive information during acquisition discussions and due diligence.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.