The Confidentiality And Nondisclosure Agreement Form is a critical legal document used in German business contexts to protect sensitive business information and trade secrets. It is essential when parties need to share confidential information during business negotiations, partnerships, employment relationships, or other commercial arrangements. The agreement must comply with the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and when applicable, data protection regulations. This document is particularly important given Germany's strict requirements for trade secret protection, including the need to implement appropriate confidentiality measures. It should be used before any disclosure of sensitive information and can be customized for various business relationships while maintaining its enforceability under German law.

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Definition of confidential information, trade secrets, and other key terms used in the agreement

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required technical and organizational measures to protect confidential information

8. Term and Termination: Duration of the agreement and confidentiality obligations, termination provisions

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

10. Breach and Remedies: Consequences of breach, including penalties and injunctive relief under German law

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions