When is the NDA 2 2018

Engl. Non Disclosure Agreement in B2B business transactions

Every day there are various versions of English-language non-disclosure agreements circulating for the recording of conversations in international B2B business transactions, which differ significantly more in wording and length than in meaning, but companies and their lawyers across the country time and again employ. The following sample is definitely worthy of the "standard" in terms of type and content, as it is balanced and has an alternating effect for both business partners. If a party wants to require a higher level of protection, for example for unilaterally disclosed intellectual property or sensitive company information, however, the standard must be deviated from and one or the other clause must be negotiated individually or the disclosure of details must be waived depending on the phase of the negotiations. The contractual penalty permitted under German law is not permitted under US law, and it is difficult to agree an effective Liquidated Damages Clause. In the international venture capital investment business, penal clauses are not accepted for the phase of the initial talks anyway. US - Confidentiality Agreement NIETZER 2018

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