Non Disclosure Non Disparagement Agreement for Germany

Non Disclosure Non Disparagement Agreement Template for Germany

A comprehensive legal agreement governed by German law that combines confidentiality obligations with non-disparagement commitments. This document serves a dual purpose: protecting sensitive business information from unauthorized disclosure while also preventing harmful or negative statements about the contracting parties. It incorporates specific provisions aligned with German trade secret protection laws (GeschGehG), data protection regulations (DSGVO), and civil code requirements (BGB), while ensuring compliance with constitutional protections for freedom of expression. The agreement is structured to be enforceable under German jurisdiction and includes both preventive measures and remedies.

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What is a Non Disclosure Non Disparagement Agreement?

The Non-Disclosure Non-Disparagement Agreement is essential in business relationships where parties need to protect both confidential information and professional reputation under German law. This document is particularly relevant when sharing sensitive business information or during the termination of business relationships, combining traditional confidentiality provisions with specific non-disparagement obligations. It's commonly used in employment transitions, business partnerships, or consulting arrangements where parties need mutual assurance about information protection and professional conduct. The agreement must carefully balance protection of business interests with individual rights under German law, including consideration of the Geschäftsgeheimnisgesetz (Trade Secrets Act) and constitutional free speech protections. It's particularly important in situations involving senior personnel, sensitive projects, or high-profile business relationships.

What sections should be included in a Non Disclosure Non Disparagement Agreement?

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Disparagement', and other relevant terms

4. Confidentiality Obligations: Detailed obligations regarding the protection and non-disclosure of confidential information

5. Non-Disparagement Obligations: Specific prohibitions on disparaging statements or actions

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, court orders)

7. Duration and Survival: Term of the agreement and provisions that survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination

9. Remedies and Enforcement: Legal remedies including injunctive relief and damages

10. General Provisions: Standard clauses including governing law, jurisdiction, and amendments

What sections are optional to include in a Non Disclosure Non Disparagement Agreement?

1. Employee Obligations: Additional provisions specific to employment relationships - include when agreement is with employees

2. Social Media Guidelines: Specific provisions regarding social media behavior - include for high-profile relationships or when social media presence is significant

3. Third Party Rights: Provisions regarding affiliated companies or related parties - include when confidential information involves multiple entities

4. Data Protection: Specific GDPR compliance provisions - include when personal data is involved

5. Trade Secrets Protection: Additional provisions aligned with GeschGehG - include when trade secrets are specifically involved

6. Post-Contractual Obligations: Specific obligations after contract termination - include for long-term business relationships

What schedules should be included in a Non Disclosure Non Disparagement Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information deemed confidential

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Schedule 3 - Security Protocols: Specific procedures for handling and protecting confidential information

4. Appendix A - Form of Confidentiality Acknowledgment: Template for additional parties or employees to acknowledge the agreement

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

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Free to use

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German law-compliant confidentiality agreement protecting company secrets and confidential information in employment relationships.

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What is a Non Disclosure Non Disparagement Agreement?

What sections should be included in a Non Disclosure Non Disparagement Agreement?

What sections are optional to include in a Non Disclosure Non Disparagement Agreement?

What schedules should be included in a Non Disclosure Non Disparagement Agreement?

Authors

Alex Denne

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