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
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