The Confidentiality Agreement For Visitors is essential for organizations operating in Germany that receive external visitors to their premises where sensitive information or trade secrets may be exposed. This document type is particularly crucial given Germany's strict trade secret protection regime under GeschGehG and data protection requirements under GDPR. It should be used whenever external parties need access to company premises where they might encounter confidential information, whether during business partner visits, audits, maintenance work, or contractor assignments. The agreement includes specific provisions required under German law for trade secret protection, visitor management protocols, and data protection measures, while establishing clear obligations and liabilities for maintaining confidentiality.
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1. Parties: Identification of the company and the visitor, including full legal names and addresses
2. Background: Brief context of the visit and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Visit Period', and 'Company Premises'
4. Purpose of Visit: Detailed description of the reason for access and permitted activities
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Security Procedures: Visitor requirements regarding sign-in, badges, escorts, and restricted areas
7. Return of Materials: Obligations regarding return or destruction of confidential materials
8. Duration and Survival: Term of the agreement and surviving obligations
9. Breach and Remedies: Consequences of breach, including potential injunctive relief and damages
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional section when visitor may have access to personal data, ensuring GDPR compliance
2. Intellectual Property: Additional section when visit involves access to patents, trademarks, or other IP
3. Photography and Recording: Specific prohibitions on recording when relevant to sensitive areas
4. Export Control: Required when visit involves access to export-controlled information
5. Health and Safety: Additional requirements for visits to industrial or laboratory facilities
6. Group Company Rights: Optional section when agreement should extend to affiliated companies
1. Schedule 1 - Visitor Details: Specific information about visitor including identification details and visit dates
2. Schedule 2 - Permitted Areas: List of specific areas or facilities the visitor is authorized to access
3. Schedule 3 - Security Procedures: Detailed security protocols and procedures to be followed
4. Appendix A - Acknowledgment Form: Form to be signed at the end of each visit confirming compliance
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