The Confidential Release Agreement is essential in situations where parties need to share sensitive information while maintaining legal protection and control over its use. This document type is particularly relevant under German law, where trade secret protection is governed by the Geschäftsgeheimnisgesetz and related EU regulations. It is commonly used in business transactions, research collaborations, professional services engagements, and technology transfers where controlled disclosure of confidential information is necessary. The agreement typically includes detailed provisions on information handling, security measures, and permitted uses, while incorporating specific requirements of German law regarding contract formation and enforcement. This document differs from a standard NDA by explicitly authorizing certain disclosures and uses while maintaining confidentiality obligations.
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1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Representatives', and 'Release Date'
4. Scope of Confidential Information: Detailed description of the confidential information being released and covered by the agreement
5. Permitted Disclosure and Use: Terms governing how the confidential information may be used and to whom it may be disclosed
6. Release Terms: Specific conditions and extent of the release of confidential information
7. Obligations of the Receiving Party: Security measures, handling requirements, and duty of care for the confidential information
8. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends
9. Liability and Indemnification: Consequences of breach and allocation of liability
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
12. Miscellaneous: Standard provisions including severability, amendments, and notices
1. Group Companies: Include when either party needs to share information with affiliated companies
2. Special Handling Requirements: Include when the confidential information requires specific security or handling protocols
3. Data Protection Compliance: Include when confidential information includes personal data under GDPR
4. Export Control: Include when information is subject to export control regulations
5. Non-Solicitation: Include when parties wish to prevent hiring of each other's employees
6. Residual Knowledge: Include when parties need to address use of general knowledge retained by individuals
7. Third Party Rights: Include when the confidential information involves third party rights or licenses
1. Schedule 1 - Confidential Information: Detailed list or description of the specific confidential information being released
2. Schedule 2 - Authorized Personnel: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and handling procedures for the confidential information
4. Appendix A - Form of Acknowledgment: Template for authorized personnel to acknowledge confidentiality obligations
5. Appendix B - Data Processing Terms: Additional terms for GDPR compliance if personal data is involved
Relevant legal definitions
Confidential Information
Release Date
Authorized Purpose
Authorized Recipients
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Permitted Use
Security Requirements
Trade Secret
Confidentiality Period
Geschäftsgeheimnis
Release Period
Return Date
Authorized Personnel
Confidentiality Obligations
Intellectual Property Rights
Personal Data
Technical Information
Commercial Information
Know-How
Residual Information
Security Breach
Permitted Disclosure
Third Party Rights
Working Hours
Notices
Force Majeure Event
Material Breach
Effective Date
Term
Territory
Related Persons
Release Date
Authorized Purpose
Authorized Recipients
Disclosing Party
Receiving Party
Representatives
Affiliate
Business Day
Permitted Use
Security Requirements
Trade Secret
Confidentiality Period
Geschäftsgeheimnis
Release Period
Return Date
Authorized Personnel
Confidentiality Obligations
Intellectual Property Rights
Personal Data
Technical Information
Commercial Information
Know-How
Residual Information
Security Breach
Permitted Disclosure
Third Party Rights
Working Hours
Notices
Force Majeure Event
Material Breach
Effective Date
Term
Territory
Related Persons
Clauses
Definitions
Confidentiality Obligations
Release Authorization
Information Handling
Permitted Use
Security Requirements
Return or Destruction
Data Protection
Trade Secret Protection
Intellectual Property
Liability
Indemnification
Term and Termination
Governing Law
Jurisdiction
Force Majeure
Assignment
Amendment
Severability
Entire Agreement
Notices
Third Party Rights
Waiver
Counterparts
Costs
Compliance with Laws
Non-Solicitation
Dispute Resolution
Export Control
Representations and Warranties
Confidentiality Obligations
Release Authorization
Information Handling
Permitted Use
Security Requirements
Return or Destruction
Data Protection
Trade Secret Protection
Intellectual Property
Liability
Indemnification
Term and Termination
Governing Law
Jurisdiction
Force Majeure
Assignment
Amendment
Severability
Entire Agreement
Notices
Third Party Rights
Waiver
Counterparts
Costs
Compliance with Laws
Non-Solicitation
Dispute Resolution
Export Control
Representations and Warranties
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Pharmaceuticals
Automotive
Energy
Telecommunications
Defense
Consumer Goods
Chemical Industry
Biotechnology
Relevant Teams
Legal
Executive Leadership
Information Security
Research and Development
Business Development
Compliance
Risk Management
Operations
Finance
Human Resources
Intellectual Property
Information Technology
Project Management
Corporate Communications
Quality Assurance
Relevant Roles
Legal Counsel
Chief Executive Officer
Chief Technology Officer
Research Director
Business Development Manager
Project Manager
Information Security Officer
Compliance Officer
Chief Financial Officer
Head of Innovation
Intellectual Property Manager
Risk Manager
Operations Director
Technical Lead
Human Resources Director
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