This Vendor NDA template is designed for use when a company needs to share confidential information with its vendors, suppliers, or service providers in Germany. The document is specifically structured to comply with German law, including the GeschGehG (Trade Secrets Act) and relevant provisions of the BGB (Civil Code). It should be used before engaging in detailed business discussions or commencing services where sensitive information needs to be shared. The agreement covers various types of confidential information including trade secrets, technical know-how, business strategies, and proprietary data. As a Vendor NDA, it places specific obligations on the receiving vendor while protecting the disclosing company's interests through enforceable German law provisions.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the vendor), including full legal names and addresses
2. Background: Context of the vendor relationship and purpose of sharing confidential information
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 under the agreement
5. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and permitted uses of confidential information
6. Security Measures: Required technical and organizational measures to protect confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or as required by law
8. Return or Destruction: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach including injunctive relief and contractual penalties (Vertragsstrafe)
11. General Provisions: Standard clauses including governing law, jurisdiction, and severability
1. Data Protection: Specific provisions for handling personal data - required if confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and licenses - relevant when technical information or trade secrets are involved
3. Audit Rights: Right to audit vendor's compliance with security measures - recommended for high-risk relationships
4. Insurance Requirements: Obligations to maintain specific insurance coverage - relevant for high-value contracts
5. Non-Competition: Restrictions on competitive activities - only if specifically relevant to the vendor relationship
6. Anti-Corruption: Compliance with anti-corruption laws - recommended for international vendors
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used
2. Schedule 2 - Security Requirements: Specific technical and organizational measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Appendix A - Categories of Confidential Information: Detailed list or classification of types of confidential information covered
5. Appendix B - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
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