This One-Way NDA is essential for business situations where one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) while maintaining strict control over its use and disclosure. The agreement is specifically tailored to comply with German legal requirements, including the German Trade Secrets Act (GeschGehG) and relevant provisions of the German Civil Code (BGB). It's commonly used in business negotiations, potential partnerships, service provider relationships, or due diligence processes. The document includes comprehensive definitions of confidential information, specific security measures required under German law, and clear obligations for the receiving party. It's particularly important in scenarios involving trade secrets, proprietary technology, business strategies, or other sensitive commercial information where unilateral disclosure is necessary.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Affiliate', and 'Permitted Purpose'
4. Disclosure of Confidential Information: Scope and manner of confidential information disclosure
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Security Measures: Required security measures for protecting confidential information as per GeschGehG
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and termination provisions
9. Breach and Remedies: Consequences of breach including damages and injunctive relief under German law
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Added when receiving party needs to share information with employees or contractors
3. Export Control: Required when confidential information is subject to export control regulations
4. Residual Information: Optional clause addressing use of retained knowledge, but must be carefully drafted under German law
5. Non-Solicitation: Added when parties want to prevent solicitation of employees or customers
6. Translations: Required when agreement needs to be in multiple languages, specifying which version prevails
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Security Measures: Specific technical and organizational measures required for protecting confidential information
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
4. Appendix A - Types of Confidential Information: Detailed categorization of confidential information covered by the agreement
Relevant legal definitions
Confidential Information
Trade Secret
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Permitted Purpose
Security Measures
Confidentiality Breach
Representatives
Group Company
Personal Data
Technical Information
Business Information
Proprietary Information
Effective Date
Term
Working Day
Residual Information
Third Party
Intellectual Property Rights
Agreement
Permitted Disclosure
Data Protection Laws
Controlled Access
Trade Secret
Disclosing Party
Receiving Party
Affiliate
Authorized Representative
Permitted Purpose
Security Measures
Confidentiality Breach
Representatives
Group Company
Personal Data
Technical Information
Business Information
Proprietary Information
Effective Date
Term
Working Day
Residual Information
Third Party
Intellectual Property Rights
Agreement
Permitted Disclosure
Data Protection Laws
Controlled Access
Clauses
Confidentiality
Data Protection
Trade Secrets
Information Security
Access Control
Permitted Use
Return of Information
Non-Disclosure
Term and Duration
Breach
Remedies
Indemnification
Governing Law
Jurisdiction
Force Majeure
Assignment
Severability
Notices
Entire Agreement
Amendments
Export Control
Non-Solicitation
Survival
Data Protection
Trade Secrets
Information Security
Access Control
Permitted Use
Return of Information
Non-Disclosure
Term and Duration
Breach
Remedies
Indemnification
Governing Law
Jurisdiction
Force Majeure
Assignment
Severability
Notices
Entire Agreement
Amendments
Export Control
Non-Solicitation
Survival
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Biotechnology
Automotive
Energy
Telecommunications
Research and Development
Consumer Goods
Industrial
Software Development
Pharmaceuticals
Consulting
Relevant Teams
Legal
Business Development
Research and Development
Executive Leadership
Procurement
Human Resources
Finance
Information Technology
Operations
Sales
Corporate Development
Innovation
Compliance
Strategy
Project Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Procurement Manager
Human Resources Director
Chief Financial Officer
Innovation Manager
Contract Manager
Legal Counsel
Sales Director
Investment Manager
Operations Manager
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