Small Business Non Disclosure Agreement for Germany

Small Business Non Disclosure Agreement Template for Germany

A comprehensive non-disclosure agreement tailored for small businesses operating under German law, designed to protect confidential information and trade secrets in accordance with the German Trade Secrets Act (GeschGehG) and relevant EU regulations. This document establishes mutual obligations for confidentiality, defines protected information, and outlines security measures and remedies in case of breach. It incorporates specific requirements of German contract law while remaining practical and accessible for small business use, making it suitable for various business relationships including client engagements, vendor relationships, and potential partnerships.

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What is a Small Business Non Disclosure Agreement?

This Small Business Non Disclosure Agreement is essential for German small businesses engaging in relationships where confidential information needs to be shared. It complies with the German Trade Secrets Act (GeschGehG), the German Civil Code (BGB), and relevant EU regulations, particularly important when sharing sensitive business information, trade secrets, or proprietary data. The document is specifically structured to address the needs of small businesses while ensuring legal enforceability under German law. It can be used for various business relationships including potential partnerships, client services, contractor engagements, or vendor relationships. The agreement includes provisions for protecting confidential information, defining permitted uses, establishing security measures, and outlining remedies in case of breach, all while maintaining compliance with German legal requirements.

What sections should be included in a Small Business Non Disclosure Agreement?

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details as required by German law

2. Background: Context of the business relationship and purpose of sharing confidential information

3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Permitted Purpose' and other key terms in accordance with GeschGehG

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information

5. Security Measures: Specific requirements for protecting confidential information, as required by German Trade Secrets Act

6. Term and Survival: Duration of the agreement and surviving obligations after termination

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

8. Breach and Remedies: Consequences of breach, including potential penalties and injunctive relief

9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

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

1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR/DSGVO

2. Employee and Subcontractor Obligations: Include when the receiving party needs to share information with employees or subcontractors

3. Permitted Disclosures: Include when specific exceptions to confidentiality obligations need to be detailed

4. Non-Competition: Optional restrictions on competitive activities, ensuring compliance with German competition law

5. Assignment and Transfer: Include when transfer of rights needs to be specifically restricted or permitted

6. Severability Clause: Specific salvatory clause (salvatorische Klausel) as commonly used in German contracts

What schedules should be included in a Small Business Non Disclosure Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA

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

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Form of Acknowledgment: Template for employees or subcontractors to acknowledge NDA obligations

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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What is a Small Business Non Disclosure Agreement?

What sections should be included in a Small Business Non Disclosure Agreement?

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

What schedules should be included in a Small Business Non Disclosure Agreement?

Authors

Alex Denne

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