The Confidentiality and Non-Solicitation Agreement is essential for businesses operating in Germany who need to protect their confidential information and maintain stable business relationships. This document is typically used when entering into business discussions, partnerships, or employment relationships where sensitive information will be shared and there's a need to prevent the solicitation of key personnel or customers. The agreement must comply with German legal requirements, including the German Trade Secrets Act (GeschGehG) and competition laws, while ensuring enforceability through reasonable temporal and geographic limitations. It's particularly relevant for business transactions, potential partnerships, employee onboarding, and consulting arrangements where protection of trade secrets and business relationships is crucial.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Restricted Persons'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
6. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, with specific temporal and geographic limitations
7. Duration of Obligations: Time period for both confidentiality and non-solicitation obligations
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions for handling personal data under GDPR and BDSG, required if confidential information includes personal data
2. Non-Competition: Additional restrictions on competitive activities, only included if specifically agreed and carefully drafted to comply with German competition law
3. Audit Rights: Rights to audit compliance with confidentiality obligations, typically included for more sensitive information
4. Security Measures: Specific technical and organizational measures required for protecting confidential information, useful for technical or highly sensitive information
5. Subcontractors: Provisions regarding the use of subcontractors and their obligations, relevant when subcontracting is contemplated
1. Schedule 1 - Confidential Information: Detailed description of the specific confidential information covered by the agreement
2. Schedule 2 - Restricted Persons: List of specific customers, suppliers, or other persons covered by non-solicitation provisions
3. Schedule 3 - Security Requirements: Technical and organizational measures required for protecting confidential information
4. Schedule 4 - Approved Recipients: List of pre-approved persons or entities who may receive confidential information
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