This NDA For Subcontractors is essential for companies operating in Germany who engage subcontractors and need to protect their confidential information and trade secrets. The document is specifically tailored to comply with German legal requirements, including the German Trade Secrets Act (GeschGehG) and the GDPR, while providing robust protection for sensitive business information. It should be used whenever a company engages external subcontractors who will have access to confidential information, intellectual property, or sensitive data during their engagement. The agreement includes comprehensive provisions for data handling, security measures, and breach remedies, all structured to be enforceable under German law. It's particularly important given Germany's strict requirements for trade secret protection and data privacy.
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1. Parties: Identification of the main contracting party and the subcontractor, including full legal names and addresses
2. Background: Context of the relationship and purpose of the NDA, including the nature of the subcontractor engagement
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, aligned with GeschGehG requirements
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and other subcontractors
7. Data Protection: GDPR compliance measures and personal data handling requirements
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination or request
10. Term and Survival: Duration of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach, including injunctive relief and liquidated damages
12. Governing Law and Jurisdiction: German law as governing law and jurisdiction of German courts
1. Non-Competition: Restrictions on competitive activities - include when there's risk of competitive advantage through knowledge gained
2. Non-Solicitation: Restrictions on soliciting employees or clients - relevant for subcontractors with client contact
3. Intellectual Property Rights: Specific IP provisions - include when subcontractor may create or access IP
4. Audit Rights: Right to audit subcontractor's compliance - important for highly sensitive information
5. Insurance Requirements: Specific insurance coverage requirements - relevant for high-risk projects
6. Assignment and Subcontracting: Rights to assign or further subcontract - include when chain of subcontractors might be relevant
7. Severability Clause: German-specific severability provisions - recommended for complex agreements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information, trade secrets, and know-how covered
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
5. Appendix A - Confirmation of Receipt: Form for subcontractor to acknowledge receipt of confidential information
Relevant legal definitions
Confidential Information
Trade Secrets
Principal Company
Subcontractor
Authorized Representatives
Permitted Purpose
Affiliate
Agreement
Business Day
Confidentiality Obligations
Data Protection Laws
Disclosing Party
Receiving Party
Effective Date
Personal Data
Project
Representatives
Security Requirements
Services
Technical Information
Term
Third Party
Unauthorized Disclosure
Working Hours
Intellectual Property Rights
Material Breach
Proprietary Information
Controlled Access
Security Breach
Permitted Disclosees
Residual Information
Sensitive Information
Technical and Organizational Measures
Work Product
Trade Secrets
Principal Company
Subcontractor
Authorized Representatives
Permitted Purpose
Affiliate
Agreement
Business Day
Confidentiality Obligations
Data Protection Laws
Disclosing Party
Receiving Party
Effective Date
Personal Data
Project
Representatives
Security Requirements
Services
Technical Information
Term
Third Party
Unauthorized Disclosure
Working Hours
Intellectual Property Rights
Material Breach
Proprietary Information
Controlled Access
Security Breach
Permitted Disclosees
Residual Information
Sensitive Information
Technical and Organizational Measures
Work Product
Clauses
Confidentiality
Non-Disclosure
Trade Secrets Protection
Data Protection
Information Security
Access Rights
Return of Information
Permitted Use
Permitted Disclosure
Third Party Disclosure
Term and Termination
Breach and Remedies
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Warranties
Security Measures
Audit Rights
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Survival
Non-Competition
Non-Solicitation
Intellectual Property
Subcontracting
Non-Disclosure
Trade Secrets Protection
Data Protection
Information Security
Access Rights
Return of Information
Permitted Use
Permitted Disclosure
Third Party Disclosure
Term and Termination
Breach and Remedies
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Warranties
Security Measures
Audit Rights
Notice Requirements
Assignment
Severability
Force Majeure
Entire Agreement
Amendment
Survival
Non-Competition
Non-Solicitation
Intellectual Property
Subcontracting
Relevant Industries
Information Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Construction
Engineering
Telecommunications
Biotechnology
Automotive
Defense
Energy
Consulting
Relevant Teams
Legal
Procurement
Operations
Information Technology
Human Resources
Finance
Compliance
Risk Management
Information Security
Research & Development
Project Management
Vendor Management
Relevant Roles
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Head of Operations
Chief Technology Officer
Information Security Officer
Data Protection Officer
HR Director
Chief Financial Officer
Technical Director
Compliance Officer
Risk Manager
Vendor Manager
Operations Manager
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