This General Confidentiality Agreement template is designed for use in business relationships where confidential information needs to be shared under German law protection. It incorporates requirements from the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and where applicable, the GDPR. The agreement is suitable for various business contexts, from potential business partnerships to supplier relationships, ensuring that confidential information is adequately protected with enforceable obligations under German law. It includes specific provisions for information handling, security measures, and remedies in case of breach, with particular attention to German legal requirements for contract validity and enforcement mechanisms.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Authorized Persons', and 'Permitted Purpose'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
7. Information Security Measures: Required measures for protecting and securing confidential information
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 survival of obligations
10. Breach and Remedies: Consequences of breach, including Vertragsstrafe (contractual penalty) provisions under German law
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Additional provisions when personal data is involved, ensuring GDPR compliance
2. Intellectual Property Rights: Specific provisions regarding IP rights when technical information or trade secrets are involved
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Provisions for compliance with export control laws when international transfers are involved
5. Prior Agreements: Integration clause addressing any previous confidentiality agreements between the parties
6. Publicity: Restrictions on public announcements or use of party names
7. Insurance Requirements: Obligations to maintain specific insurance coverage for data security
8. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly relevant for highly sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for information protection
4. Schedule 4 - Information Return Form: Template for documenting return or destruction of confidential information
5. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved
Relevant legal definitions
Confidential Information
Trade Secret
Permitted Purpose
Authorized Representatives
Affiliated Companies
Disclosing Party
Receiving Party
Representatives
Personal Data
Technical Information
Business Information
Confidentiality Period
Security Measures
Permitted Disclosures
Third Party
Group Company
Intellectual Property Rights
Proprietary Information
Contractual Penalty
Material Breach
Confidentiality Obligations
Non-Disclosure Period
Data Protection Laws
Information Security Incident
Written Form
Electronic Form
Reasonable Steps
Working Day
Damages
Residual Information
Trade Secret
Permitted Purpose
Authorized Representatives
Affiliated Companies
Disclosing Party
Receiving Party
Representatives
Personal Data
Technical Information
Business Information
Confidentiality Period
Security Measures
Permitted Disclosures
Third Party
Group Company
Intellectual Property Rights
Proprietary Information
Contractual Penalty
Material Breach
Confidentiality Obligations
Non-Disclosure Period
Data Protection Laws
Information Security Incident
Written Form
Electronic Form
Reasonable Steps
Working Day
Damages
Residual Information
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Breach and Remedies
Term and Termination
Contractual Penalties
Governing Law
Jurisdiction
Severability
Written Form
Assignment
Third Party Rights
Force Majeure
Notice
Entire Agreement
Amendment
Waiver
Interpretation
Survival
Dispute Resolution
Indemnification
Representations and Warranties
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Breach and Remedies
Term and Termination
Contractual Penalties
Governing Law
Jurisdiction
Severability
Written Form
Assignment
Third Party Rights
Force Majeure
Notice
Entire Agreement
Amendment
Waiver
Interpretation
Survival
Dispute Resolution
Indemnification
Representations and Warranties
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Pharmaceuticals
Automotive
Energy
Telecommunications
Software Development
Biotechnology
Industrial Engineering
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research & Development
Human Resources
Finance
Procurement
Information Technology
Corporate Development
Compliance
Information Security
Operations
Strategy
Innovation
Risk Management
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Human Resources Director
Chief Financial Officer
Procurement Manager
Innovation Manager
Corporate Development Director
Strategic Partnership Manager
Operations Director
Compliance Officer
Information Security Officer
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