This document serves as a specialized Non-Disclosure Agreement (NDA Trade Secret) governed by German law, primarily designed for situations where parties need to exchange valuable trade secrets and confidential information requiring heightened protection. It is particularly relevant in commercial, technical, or research-based collaborations where proprietary information needs robust protection under the German Trade Secrets Act (GeschGehG). The agreement incorporates specific requirements from German legislation, including mandatory security measures, clear identification of trade secrets, and proper handling procedures. It's especially crucial for cross-border transactions involving German entities or when German trade secret protection is desired. The document addresses both traditional confidentiality aspects and modern challenges such as digital information protection and data privacy compliance.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the relationship and purpose for sharing trade secrets
3. Definitions: Key terms including 'Trade Secrets', 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes trade secrets and confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of trade secrets
6. Security Measures: Specific measures required to protect trade secrets as per GeschGehG requirements
7. Permitted Disclosures: Circumstances under which disclosure is permitted and procedures for such disclosure
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
9. Term and Survival: Duration of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Contractor Obligations: Additional provisions when parties need to share with employees/contractors - includes requirements for downstream confidentiality agreements
2. Data Protection: Specific GDPR/BDSG compliance provisions when trade secrets include personal data
3. Export Control: Required when trade secrets involve technical data subject to export control regulations
4. Reverse Engineering: Specific prohibitions on reverse engineering when relevant to technical trade secrets
5. Competitive Restrictions: Non-compete provisions (if permissible under specific circumstances)
6. Special Industry Requirements: Industry-specific confidentiality requirements (e.g., for pharmaceutical or technology sectors)
1. Schedule 1 - Specified Trade Secrets: Detailed list of specific trade secrets covered (when these can be safely documented)
2. Schedule 2 - Security Protocols: Detailed technical and organizational measures for protecting trade secrets
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle trade secrets
4. Schedule 4 - Marking Requirements: Specific requirements for marking and identifying confidential information
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