This NDA Between Two People is essential for situations where individuals need to share sensitive information while ensuring legal protection under German law. The document is commonly used in scenarios such as business discussions, professional collaborations, consulting arrangements, or potential partnerships where one individual needs to disclose confidential information to another. It provides a formal framework for protecting trade secrets, business concepts, personal projects, or other sensitive information, incorporating requirements from German civil law (BGB) and, where relevant, data protection regulations (GDPR and BDSG). The agreement is particularly valuable for freelancers, entrepreneurs, consultants, or professionals who need to protect their intellectual property or business information when engaging in individual-to-individual discussions or collaborations.
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1. Parties: Identification and contact details of both individuals entering into the NDA
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit exclusions
5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
7. Term and Termination: Duration of the agreement and conditions for termination
8. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
9. Breach and Remedies: Consequences of breach and available legal remedies including potential liquidated damages
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement clause
1. Data Protection: Specific provisions for handling personal data under GDPR and BDSG, required if confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights, relevant if confidential information includes IP-related material
3. Non-Competition: Restrictions on competitive activities, only if specifically agreed and carefully limited to comply with German constitutional rights
4. Survival: Specific provisions that continue after termination, useful for enhanced protection of long-term confidentiality
5. Third Party Rights: Provisions regarding disclosure to and obligations of third parties, relevant if third party involvement is anticipated
6. Security Measures: Specific technical and organizational measures for protecting confidential information, useful for highly sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of persons authorized to receive or handle confidential information, if applicable
3. Schedule 3 - Security Protocols: Specific procedures for handling and protecting confidential information, if required
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Permitted Purpose
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Business Day
Confidentiality Obligation
Disclosing Period
Effective Date
Personal Data
Professional Secrets
Representatives
Security Breach
Term
Third Party
Trade Secret
Unauthorized Disclosure
Working Hours
Permitted Disclosure
Permitted Purpose
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Business Day
Confidentiality Obligation
Disclosing Period
Effective Date
Personal Data
Professional Secrets
Representatives
Security Breach
Term
Third Party
Trade Secret
Unauthorized Disclosure
Working Hours
Permitted Disclosure
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Term and Duration
Return of Information
Permitted Use
Breach and Remedies
Governing Law
Dispute Resolution
Notice Requirements
Force Majeure
Severability
Permitted Disclosure
Assignment
Amendment
Entire Agreement
Third Party Rights
Waiver
Survival
Non-Disclosure
Data Protection
Information Security
Term and Duration
Return of Information
Permitted Use
Breach and Remedies
Governing Law
Dispute Resolution
Notice Requirements
Force Majeure
Severability
Permitted Disclosure
Assignment
Amendment
Entire Agreement
Third Party Rights
Waiver
Survival
Relevant Industries
Technology
Professional Services
Healthcare
Research & Development
Entertainment
Education
Consulting
Creative Industries
Biotechnology
Financial Services
Legal Services
Manufacturing
Real Estate
Startups
Relevant Teams
Legal
Human Resources
Research and Development
Product Development
Innovation
Business Development
Executive Leadership
Procurement
Strategic Planning
Intellectual Property
Information Security
Compliance
Professional Services
Relevant Roles
Entrepreneur
Freelance Consultant
Independent Contractor
Business Owner
Inventor
Research Scientist
Creative Professional
Software Developer
Financial Advisor
Business Consultant
Legal Consultant
Artist
Designer
Technical Specialist
Medical Professional
Academic Researcher
Investment Advisor
Real Estate Agent
Business Coach
Professional Mentor
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