Disclosure Release Form for Germany

Disclosure Release Form Template for Germany

A comprehensive legal document governed by German law that facilitates the authorized disclosure of confidential information, trade secrets, or personal data between parties. The document ensures compliance with German Federal Data Protection Act (BDSG), GDPR, and relevant provisions of the German Civil Code (BGB). It establishes the terms and conditions under which information can be disclosed, including specific permissions, restrictions, and data protection measures, while protecting the rights and interests of all involved parties under German jurisdiction.

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What is a Disclosure Release Form?

The Disclosure Release Form is a critical legal instrument used in German business and regulatory environments when one party needs to share confidential information, trade secrets, or personal data with another party. This document is essential when organizations need to protect their interests while sharing sensitive information, whether for due diligence, professional services, or business collaboration purposes. The form must comply with German data protection laws, including GDPR and BDSG, and typically includes specific provisions for data handling, permitted uses, and security measures. It's particularly relevant in scenarios involving corporate transactions, professional services engagements, or regulatory compliance matters where controlled information sharing is necessary.

What sections should be included in a Disclosure Release Form?

1. Parties: Identification of the disclosing party and recipient(s), including full legal names and addresses

2. Background: Context of the disclosure, purpose, and relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives'

4. Scope of Disclosure: Specific description of information being disclosed and permitted uses

5. Consent to Disclosure: Express consent for the disclosure and processing of information

6. Data Protection Compliance: GDPR and BDSG compliance statements and data processing details

7. Release Terms: Specific terms of release, including any limitations or restrictions

8. Duration: Period for which the release remains valid

9. Governing Law: Specification of German law as governing law and jurisdiction

What sections are optional to include in a Disclosure Release Form?

1. Third Party Rights: Include when third parties may have rights in the disclosed information

2. International Transfer Provisions: Required when information may be transferred outside the EU/EEA

3. Industry-Specific Compliance: Add for regulated industries (e.g., healthcare, financial services)

4. Return/Destruction of Information: Include when disclosed information must be returned or destroyed after use

5. Warranties: Include when specific assurances about the information are required

6. Severability Clause: Optional but recommended under German law to preserve agreement validity

What schedules should be included in a Disclosure Release Form?

1. Schedule 1 - Description of Disclosed Information: Detailed list and description of all information being disclosed

2. Schedule 2 - Authorized Recipients: List of individuals or entities authorized to receive the information

3. Schedule 3 - Processing Activities: Required under GDPR - details of how personal data will be processed

4. Appendix A - Security Measures: Description of technical and organizational measures for data protection

5. Appendix B - Consent Forms: Templates for additional consents if required from data subjects

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

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Free to use

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What is a Disclosure Release Form?

What sections should be included in a Disclosure Release Form?

What sections are optional to include in a Disclosure Release Form?

What schedules should be included in a Disclosure Release Form?

Authors

Alex Denne

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