This NDA Non Disparagement agreement is designed for use in situations where parties need to both protect confidential information and prevent potentially damaging statements or communications. It is particularly relevant in business relationships, employment transitions, or corporate transactions where sensitive information is shared and reputational interests need protection. The document complies with German legal requirements, including the Civil Code (BGB), Trade Secrets Act (GeschGehG), and constitutional provisions regarding freedom of expression. It's commonly used in employment terminations, business partnerships, corporate transactions, or consulting engagements where parties need mutual assurance of confidentiality and professional conduct. The agreement includes specific provisions for defining confidential information, permitted disclosures, and prohibited disparaging conduct, along with enforcement mechanisms under German law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Disparagement', 'Permitted Disclosures'
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Non-Disparagement Obligations: Specific provisions prohibiting disparaging statements and defining scope of prohibited conduct
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including potential liquidated damages
10. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
11. Entire Agreement and Amendments: Integration clause and requirements for modifications
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Third Party Rights: Provisions regarding rights of affiliated companies or third parties when multiple entities are involved
3. Insurance: Requirements for insurance coverage when dealing with particularly sensitive information
4. Alternative Dispute Resolution: Mediation or arbitration provisions if parties prefer alternative to court proceedings
5. Severability: Provisions for maintaining validity if certain terms are found unenforceable under German law
6. Assignment and Transfer: Restrictions on transfer of rights and obligations when needed
7. Notices: Formal communication requirements for important matters when complex organizational structures involved
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional parties or employees to sign confidentiality commitments
Relevant legal definitions
Confidential Information
Trade Secrets
Disparagement
Permitted Purpose
Authorized Representatives
Affiliate
Business Day
Confidentiality Period
Disclosing Party
Receiving Party
Permitted Disclosures
Representatives
Social Media
Public Domain
Professional Communication
Group Company
Intellectual Property Rights
Personal Data
Security Requirements
Material Breach
Legitimate Business Purpose
Third Party
Associated Person
Proprietary Information
Restricted Period
Territory
Working Hours
Dispute
Effective Date
Force Majeure Event
Trade Secrets
Disparagement
Permitted Purpose
Authorized Representatives
Affiliate
Business Day
Confidentiality Period
Disclosing Party
Receiving Party
Permitted Disclosures
Representatives
Social Media
Public Domain
Professional Communication
Group Company
Intellectual Property Rights
Personal Data
Security Requirements
Material Breach
Legitimate Business Purpose
Third Party
Associated Person
Proprietary Information
Restricted Period
Territory
Working Hours
Dispute
Effective Date
Force Majeure Event
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Media and Entertainment
Telecommunications
Pharmaceuticals
Retail
Education
Research and Development
Energy
Real Estate
Consumer Goods
Automotive
Relevant Teams
Legal
Human Resources
Executive Leadership
Corporate Communications
Public Relations
Business Development
Research and Development
Operations
Finance
Information Technology
Sales
Marketing
Product Development
Corporate Strategy
Investor Relations
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Chief Financial Officer
Business Development Manager
Project Manager
Research Director
Department Head
Senior Executive
Board Member
Operations Manager
Chief Technology Officer
Communications Director
Sales Director
Product Manager
Management Consultant
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