Form for a contract

An NDA is a confidentiality agreement (English: non-disclosure agreement) or non-disclosure or non-disclosure agreement. It is of great importance in economic life.

Design a form individually

• A form for such an NDA should contain some important aspects. In detail, it depends on what kind of business the NDA should be based on and what interests they Pursue parties with this business (real estate deals, information about a business idea, patents, Licenses).
• In an NDA, the contractual partners mutually undertake to undertake the relevant transaction information that becomes known to one another is subject to confidentiality, secrecy and secrecy guarantee.
• You should describe the way you work together on a form. Since the information that becomes known to the partners in the course of the business is of a valuable nature and, for example, a business deal in real estate transactions is subject to commission, it must be ensured that the data is used for a specific purpose and not misused unilaterally to the detriment of one party and for the benefit of the other party will.
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Customer and source protection is agreed in the contract

• The parties regularly guarantee each other absolute and unrestricted customer and source protection in such a form. You undertake to strictly adhere to the business contacts and information and documents you have announced to be treated confidentially and not to third parties without the express consent of the other party to pass on.


Write power of attorney - instructions

In principle, you can also write a power of attorney informally. You should ...

• Above all, the parties undertake not to buy the other party's customers of their own accord contact, and by bypassing the other party's possible commission claim to destroy.
• In addition, neither party may bring forward other natural or legal persons and thus circumvent the partner.
• The agreement should be concluded for a limited period. Otherwise their effect will fizzle out.

Exclude existing contacts

• Verifiable contacts of a party that already existed prior to the conclusion of this contract should be provided by this party Agreement are excluded, provided that knowledge is given in writing within a specified period of time with justification is communicated. This prior knowledge is often pushed forward in order to bypass the partner.
• In order to make such an NDA legally binding, you should agree on a contractual penalty, which, however, must be proportionate to the importance of the business. The parties must reserve the right to prove lower or higher damage in individual cases.
• If it is a commission transaction, you should also write the accruing commissions on this form.

Think about the right place of jurisdiction

• If a foreign party is involved, the question of the place of jurisdiction arises. In practice, an arbitration tribunal, for example the International Chamber of Commerce and Industry in Paris, is often agreed. This agreement only makes sense for large companies that are able to operate within this framework at all. Otherwise, you should determine the respective place of residence of the contractual partner, who must be complained about, as the place of jurisdiction.
• It is important that both parties personally sign the form, maybe also put a stamp under it or a third person signs as a neutral third party and witness.
• Please note: This text is purely a guide. He can only show the practice superficially. If necessary, you should definitely seek legal advice in economically heavy transactions and such an NDA can be individually designed by a lawyer. Otherwise you run the risk that a self-made form is only good for the garbage can.