Deed Of Non Disclosure for Germany

Deed Of Non Disclosure Template for Germany

A formal deed of non-disclosure governed by German law, providing enhanced legal protection for confidential information exchange between parties. This document incorporates specific requirements of German civil and commercial law, including formal execution requirements under the German Civil Code (BGB) and Trade Secrets Act (GeschGehG). It establishes binding obligations for maintaining confidentiality, details permitted uses of confidential information, and includes robust enforcement mechanisms. The deed format provides additional legal certainty and enforcement options compared to standard confidentiality agreements.

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What is a Deed Of Non Disclosure?

The Deed Of Non-Disclosure under German law is utilized in situations requiring heightened protection for confidential information exchange, particularly in significant business transactions, strategic partnerships, or when dealing with highly sensitive proprietary information. This document type is especially relevant when parties seek the additional legal certainty provided by deed format under German law, as opposed to a standard confidentiality agreement. It incorporates specific requirements of the German Civil Code (BGB), Trade Secrets Act (GeschGehG), and where applicable, data protection regulations (GDPR). The deed format provides enhanced enforceability and typically includes detailed provisions for information handling, security measures, and breach remedies.

What sections should be included in a Deed Of Non Disclosure?

1. Parties: Identification and details of all parties to the deed, including registered addresses and company registration details

2. Background: Context of the agreement, relationship between parties, and purpose of the confidentiality obligations

3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request

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

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

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

12. Execution: Formal execution block meeting German deed requirements

What sections are optional to include in a Deed Of Non Disclosure?

1. Data Protection: Required when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Include when confidential information includes IP rights or when IP might be created during the relationship

3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship

4. Assignment and Subcontracting: Include when either party might need to assign rights or subcontract obligations

5. Export Control: Required when confidential information might be subject to export control regulations

6. Force Majeure: Include for long-term NDAs where external events might affect performance

7. Insurance Requirements: Include when specific insurance coverage for handling confidential information is required

What schedules should be included in a Deed Of Non Disclosure?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives

6. Appendix B - Data Processing Requirements: GDPR-compliant data processing terms if applicable

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

Cost

Free to use

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Executive Leadership

Research & Development

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Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Head of Research & Development

Chief Technology Officer

Business Development Director

Chief Financial Officer

Project Manager

Research Director

Intellectual Property Manager

Head of Innovation

Chief Information Security Officer

Procurement Director

Strategic Partnerships Manager

Investment Director

Head of Mergers & Acquisitions

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What is a Deed Of Non Disclosure?

What sections should be included in a Deed Of Non Disclosure?

What sections are optional to include in a Deed Of Non Disclosure?

What schedules should be included in a Deed Of Non Disclosure?

Authors

Alex Denne

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