Joint Disclosure Agreement Template for Germany

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Key Requirements PROMPT example:

Joint Disclosure Agreement

"I need a Joint Disclosure Agreement under German law for a technology partnership between our software company and a manufacturing firm, with special provisions for technical drawings and source code protection, to be effective from March 2025."

Document background

This Joint Disclosure Agreement is essential when two or more parties need to share confidential information while ensuring legal protection under German law. It's particularly relevant for business negotiations, joint ventures, technical collaborations, or due diligence processes where sensitive information needs to be exchanged. The agreement must comply with the German Trade Secrets Act (GeschGehG), which implements the EU Trade Secrets Directive, and considers other relevant German regulations including data protection laws. The document typically covers definition of confidential information, security measures, permitted uses, disclosure restrictions, and return/destruction requirements. It's designed to provide comprehensive protection while facilitating necessary business communications and collaborations.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the purpose of information sharing and the relationship between the parties

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'

4. Scope of Confidential Information: Clear delineation of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients

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

8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and termination provisions

10. Breach and Remedies: Consequences of breach and available remedies under German law

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

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved

2. Third Party Rights: Provisions regarding the rights of third parties, needed when third-party information may be shared

3. Export Control: Required when confidential information may be subject to export control regulations

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

5. Publicity: Provisions regarding public announcements about the relationship, if relevant

6. Insurance Requirements: Specific insurance obligations, typically included for high-value or high-risk information

7. Severability Clause: Specific provisions for the survival of certain terms, particularly important under German law

Suggested Schedules

1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information

3. Schedule 3 - Specific Information: Detailed description of specific confidential information covered by the agreement

4. Appendix A - Notification Templates: Standard forms for various notices required under the agreement

5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Financial Services

Automotive

Research & Development

Healthcare

Professional Services

Energy

Telecommunications

Chemical Industry

Software Development

Biotechnology

Engineering

Consumer Goods

Relevant Teams

Legal

Executive Leadership

Research and Development

Information Security

Corporate Development

Compliance

Innovation

Business Development

Technology

Operations

Finance

Intellectual Property

Information Technology

Product Development

Strategic Planning

Relevant Roles

Chief Executive Officer

Legal Counsel

Chief Technology Officer

Business Development Manager

Research Director

Project Manager

Chief Financial Officer

Intellectual Property Manager

Head of Innovation

Chief Information Security Officer

Corporate Development Director

Chief Operating Officer

Compliance Officer

Research Scientist

Product Development Manager

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Non Disclosure Deed

A German law-governed deed establishing binding confidentiality obligations between parties, providing comprehensive protection for confidential information under German legal requirements.

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Authors

Alex Denne

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