Non Disclosure Letter for Germany

Non Disclosure Letter Template for Germany

A Non-Disclosure Letter governed by German law is a formal written communication that establishes confidentiality obligations between parties. This document, while less formal than a full Non-Disclosure Agreement, creates legally binding obligations under German law, particularly the Trade Secrets Act (GeschGehG) and Civil Code (BGB). It outlines the scope of confidential information, usage restrictions, security measures required, and duration of confidentiality obligations. The letter format provides a more streamlined approach while maintaining comprehensive protection for sensitive information exchange in business relationships.

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What is a Non Disclosure Letter?

The Non-Disclosure Letter is commonly used in German business contexts where parties need to establish confidentiality obligations quickly and efficiently, without the formality of a full agreement. It's particularly suitable for initial business discussions, preliminary negotiations, or specific short-term projects where confidential information needs to be shared. The document must comply with German legal requirements, including the GeschGehG (Trade Secrets Act), BGB (Civil Code), and where applicable, the GDPR and German Federal Data Protection Act. This letter format provides sufficient legal protection while being more accessible and faster to implement than a comprehensive NDA. It typically includes definitions of confidential information, usage restrictions, security requirements, and duration of obligations, all framed within German legal parameters.

What sections should be included in a Non Disclosure Letter?

1. Sender Details: Full legal name and address of the party sending the letter

2. Recipient Details: Full legal name and address of the recipient

3. Date: Date of the letter

4. Subject Line: Clear indication that this is a confidentiality letter

5. Introduction: Brief context of the business relationship or purpose for sharing confidential information

6. Definition of Confidential Information: Clear specification of what constitutes confidential information in this context

7. Confidentiality Obligations: Core obligations regarding non-disclosure, permitted uses, and security measures

8. Duration: Period for which the confidentiality obligations remain in effect

9. Return or Destruction: Requirements for handling confidential information upon request or termination

10. Governing Law: Statement that German law governs the letter

11. Signature Block: Space for signature, name, and title of authorized representative

What sections are optional to include in a Non Disclosure Letter?

1. Permitted Disclosures: Used when there are specific circumstances or parties to whom disclosure is permitted, such as professional advisors or regulators

2. Data Protection Clause: Include when confidential information includes personal data subject to GDPR

3. Non-Solicitation: Add when there's a need to prevent poaching of employees or clients

4. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection

5. Remedies: Add when specific enforcement mechanisms or liquidated damages need to be outlined

What schedules should be included in a Non Disclosure Letter?

1. Description of Confidential Information: Detailed list or categories of confidential information when too extensive for main letter

2. Authorized Recipients: List of individuals or roles authorized to receive and handle the confidential information

3. Security Measures: Specific technical and organizational measures required for protecting the confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Research & Development

Entertainment & Media

Retail

Telecommunications

Energy

Automotive

Biotechnology

Education

Real Estate

Construction

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Information Technology

Human Resources

Finance

Operations

Procurement

Compliance

Information Security

Strategy

Innovation

Corporate Communications

Project Management Office

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Procurement Manager

Human Resources Director

Innovation Manager

Chief Financial Officer

Operations Manager

Contract Manager

Information Security Officer

Compliance Officer

Strategy Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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