A confidentiality agreement, including a confidentiality statement, confidentiality agreement, confidentiality agreement, NDA or confidential disclosure agreement (CDA), is a contract that establishes silence about negotiations, the results of negotiations or confidential documents. The obligated agrees to keep secret the information made available to him. Unlike trade secrets, which are enshrined in law, confidentiality contracts are free. Since “NDA” is the abbreviation of an English term, it is difficult to answer the question in the correct German article. Whichever term you choose at the end, they all represent the same form of agreement that has two faces: professional backers like business angels and venture capitalists often categorically refuse to sign a confidentiality agreement. This is mainly due to these reasons: translate the text of each application or website with a single click If you have chosen an NDA and there has been a breach of contract, you of course have the opportunity to go to court. In addition, you should be aware that a confidentiality agreement is not always automatically the best basis for negotiation. Many (professional) investors consider the non-disclosure agreement to be an absolute no-go. As a general rule, you can remember that the amount of the contractual penalty should always be based on the value of the thing. A contractual penalty is in principle permissible, unless it is provided for in Article 307(1) of the Treaty. 1 BGB in relation to the infringement committed is disproportionate. The contractor is then not bound by the sanction, but remains bound by secrecy.
The confidentiality agreement, including the NDA (non-disclosure agreement) or confidentiality agreement, is intended to protect confidential information between two parties. The agreement is often reached prior to contract negotiations or in the case of a business merger where counterparties share sensitive information. These can be patents, documents and other data. Those who sign an NDA undertake to remain silent about this information. However, we stress once again that the Treaty is a means of legal pressure and not a comprehensive protection. These sentences are from external sources and can sometimes contain errors. bab.la is not responsible for this content. Whether it`s a funder, freelancer, or staff, not everyone who at first glance looks like your friend or supporter is automatically trustworthy. In Germany, confidentiality agreements between the employer and the worker must be limited to direct commercial interests. In the United States, confidentiality agreements covering all company events are allowed. However, some companies have repealed these rules under pressure from the #MeToo movement. [1] Bab.la also offers the German-Turkish dictionary for more translations….