The Volunteer Confidentiality Agreement is essential for organizations in Germany that engage volunteers who may have access to sensitive or confidential information during their service. This document becomes necessary when volunteers work with personal data, proprietary information, or sensitive organizational details. It ensures compliance with German data protection laws, including the GDSG and GDPR, while establishing clear guidelines for information handling. The agreement is particularly important as volunteers, unlike employees, may not be covered by standard employment confidentiality provisions. It addresses specific aspects of volunteer relationships while maintaining the organization's data security and confidentiality requirements.
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1. Parties: Identification of the organization and the volunteer, including full legal names and addresses
2. Background: Brief context of the volunteer relationship and need for confidentiality
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Volunteer Services', and 'Permitted Purpose'
4. Scope of Volunteer Services: Description of the volunteer role and activities covered by the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses: Specific circumstances under which confidential information may be used or shared
7. Security Measures: Required practices for protecting confidential information
8. Duration and Survival: Term of the agreement and survival of confidentiality obligations after termination
9. Return of Materials: Requirements for returning or destroying confidential materials upon request or termination
10. Data Protection Compliance: Specific provisions ensuring compliance with GDPR and BDSG requirements
11. Governing Law: Specification of German law as governing law and jurisdiction
1. Intellectual Property Rights: Additional provisions regarding IP rights when volunteers may create or work with protected works
2. Third Party Disclosure: Specific provisions for cases where disclosure to third parties might be necessary
3. Social Media and Public Communications: Guidelines for social media use and public communications when relevant to the volunteer role
4. Emergency Disclosure Provisions: Procedures for disclosure in emergency situations or to comply with legal requirements
5. Indemnification: Provisions for compensation in case of breach, though less common in volunteer agreements
6. Insurance Coverage: References to applicable insurance coverage for volunteer activities
1. Schedule 1 - Types of Confidential Information: Detailed list of categories of confidential information specific to the organization
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be followed
3. Schedule 3 - Approved Third Parties: List of pre-approved third parties with whom information can be shared, if applicable
4. Appendix A - Acknowledgment Form: Form for volunteer to acknowledge receipt and understanding of confidentiality obligations
5. Appendix B - Data Protection Notice: Detailed information about data protection rights and obligations under GDPR
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