The Design Confidentiality Agreement is essential when parties need to share sensitive design-related information in Germany while ensuring legal protection under the Geschäftsgeheimnisgesetz and other relevant German laws. It is commonly used when companies or individuals need to share product designs, technical specifications, prototypes, or other design-related confidential information with third parties, such as manufacturers, contractors, or potential business partners. This document is particularly important in industries where design innovation is crucial and needs to be protected from unauthorized disclosure or use. The agreement includes specific provisions required under German law for trade secret protection, including detailed security measures and handling procedures for confidential information.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing design information
3. Definitions: Key terms including 'Confidential Information', 'Designs', 'Authorized Purpose', 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to designs, technical specifications, and related materials
5. Confidentiality Obligations: Core obligations regarding non-disclosure, use restrictions, and protection measures required under German Trade Secrets Act
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized parties
7. Security Measures: Specific technical and organizational measures required to protect confidential information as per GeschGehG requirements
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when design rights might be involved
2. Data Protection Compliance: GDPR compliance provisions, necessary when confidential information includes personal data
3. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
4. Audit Rights: Rights to audit compliance with security measures, recommended for high-value designs
5. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value designs
6. Third Party Rights: Provisions regarding the rights of third parties, relevant when multiple parties are involved in design development
1. Schedule 1 - Description of Designs: Detailed description of the specific designs and related materials covered by the agreement
2. Schedule 2 - Security Measures: Detailed technical and organizational measures required for protecting the confidential information
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
4. Appendix A - Information Handling Procedures: Specific procedures for marking, storing, transmitting, and destroying confidential information
5. Appendix B - Form of Confidentiality Undertaking: Template confidentiality agreement for Authorized Recipients to sign
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