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Arbitration Confidentiality Agreement

Arbitration Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Arbitration Confidentiality Agreement

I need an Arbitration Confidentiality Agreement under German law for a technology dispute involving sensitive source code and trade secrets between our German software company and a US-based cloud service provider, with specific provisions for handling electronic data and cybersecurity measures.

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Document background
The Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings under German law and need to protect sensitive information exchanged during the process. This document becomes particularly important as arbitration proceedings often involve disclosure of trade secrets, business strategies, financial data, and other confidential information. The agreement ensures compliance with German legal requirements, including the German Code of Civil Procedure (ZPO), the German Trade Secrets Act, and data protection regulations. It establishes clear protocols for handling confidential information, defines permitted uses and disclosures, and sets out consequences for breach. The document is particularly crucial in international arbitrations where German law governs the proceedings and multiple parties need access to sensitive information.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

2. Background: Context of the agreement, including reference to the arbitration proceedings or potential proceedings

3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration Proceedings', 'Permitted Purpose', and other relevant terms

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

5. Confidentiality Obligations: Core obligations regarding non-disclosure, use restrictions, and security measures for confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors, experts, and the arbitral tribunal

7. Security Measures: Required procedures and safeguards for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the arbitration

9. Term and Survival: Duration of the agreement and which obligations survive termination

10. Arbitration Provisions: Specific provisions for arbitration including seat, rules, number of arbitrators, and language

11. Governing Law: Specification of German law as governing law and relevant jurisdictional provisions

12. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

13. General Provisions: Standard contractual provisions including severability, amendments, and notices

Optional Sections

1. Electronic Data Protection: Special provisions for handling electronic data and cybersecurity measures, recommended when significant electronic data is involved

2. Third Party Service Providers: Provisions governing disclosure to and obligations of third-party service providers, needed when external vendors are involved

3. Internal Compliance Procedures: Specific internal procedures for handling confidential information, useful for complex organizations

4. Press and Public Communications: Guidelines for public communications about the arbitration, important for high-profile cases

5. Costs and Expenses: Allocation of costs related to confidentiality measures, relevant for complex security requirements

6. Insurance Requirements: Specific insurance obligations related to confidential information, important for high-value information

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information

3. Schedule 3 - Form of Confidentiality Undertaking: Template confidentiality undertaking for third parties who need access to confidential information

4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential data

5. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information covered

6. Appendix B - Notification Requirements: Specific requirements and procedures for notifications related to confidential information

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 legal definitions
Arbitration
Arbitration Proceedings
Arbitral Tribunal
Authorized Recipients
Business Day
Confidential Information
Confidentiality Undertaking
Data Protection Laws
Dispute
Electronic Data
Governing Law
Information Security Measures
Parties
Permitted Purpose
Permitted Disclosure
Professional Advisers
Representatives
Security Breach
Sensitive Personal Data
Trade Secrets
Third Party
Third Party Service Provider
Tribunal Secretary
Working Hours
Written Notice
Affiliate
Authorized Personnel
Confidentiality Obligations
Data Protection Officer
Disclosed Information
Document Production
Expert Witness
Force Majeure Event
Legal Privilege
Notice of Arbitration
Protected Information
Related Proceedings
Security Protocols
Witness Statement
Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Energy

Construction

Telecommunications

Pharmaceuticals

Automotive

Professional Services

International Trade

Real Estate

Intellectual Property

Maritime Industry

Aviation

Relevant Teams

Legal

Compliance

Risk Management

Executive Leadership

Information Security

Data Protection

Corporate Governance

Operations

Business Development

Finance

Administrative Services

Document Management

International Relations

Regulatory Affairs

Relevant Roles

Legal Counsel

General Counsel

Compliance Officer

Risk Manager

Chief Legal Officer

Arbitration Specialist

Contract Manager

Privacy Officer

Chief Executive Officer

Chief Financial Officer

Business Development Director

Corporate Secretary

Information Security Manager

Data Protection Officer

Operations Director

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Provides the fundamental principles of contract law, including formation, interpretation, and enforcement of contracts, as well as general obligations between parties
German Code of Civil Procedure (Zivilprozessordnung - ZPO) Book 10: Contains specific provisions on arbitration proceedings (Sections 1025-1066), including the legal framework for arbitration agreements and proceedings in Germany
German Trade Secrets Act (Geschäftsgeheimnisgesetz - GeschGehG): Provides legal framework for protection of trade secrets and confidential business information, implementing EU Directive 2016/943
German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Implementation of GDPR in German law, relevant for handling personal data in confidential information
German Criminal Code (Strafgesetzbuch - StGB) Section 203: Covers criminal liability for unauthorized disclosure of private secrets and confidential information
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: International treaty (to which Germany is a signatory) governing the enforcement of arbitration agreements and awards
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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