Advice on

confidentiality agreements

and NDA.

Protect confidential knowledge – professionally, effectively, legally compliant. We support companies and founders in the legally compliant drafting, review and negotiation of non-disclosure agreements (NDAs). So that your ideas, data and business secrets remain protected – and you can negotiate with confidence.

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Advice on NDA / non-disclosure agreement

Confidential information is often the most valuable thing a company possesses – and at the same time the most vulnerable. Whether technical developments, product strategies, pricing structures or customer data: as soon as this information is shared – with business partners, potential investors, freelancers or service providers, for example – there is a risk that it will be passed on or misused unintentionally.

An NDA (non-disclosure agreement) creates legal certainty and trust. It obliges the parties to use confidential information only to the agreed extent and not to pass it on to third parties. This makes the NDA a key tool for protecting your company’s know-how before contracts, investments or collaborations come into being.

For whom NDAs are indispensable

NDAs are relevant in almost every industry, especially for:

Start-ups in the foundation or pitch phase (e.g. in discussions with investors, accelerators, agencies)
Technology and software companies (e.g. for outsourcing, cloud projects, license negotiations)
Product developers, engineering offices and research institutes (e.g. for collaborations, contract research)
Agencies and consultancies that exchange confidential customer data or campaign concepts
Companies in M&A processes that have to disclose sensitive financial and operational data

In short, whenever you need to share information without losing control, you need an NDA.

Legal basis: No effective protection of secrets without an NDA

Many companies wrongly assume that confidential information is automatically protected. However, this is a mistake. Since the Act on the Protection of Trade Secrets (GeschGehG) came into force in 2019, the following applies: a trade secret is only protected if the owner has taken appropriate confidentiality measures.

In concrete terms, this means:
Anyone who does not conclude a confidentiality agreement can hardly prove in the event of a dispute that they have actually protected confidential information. Without a written agreement, there is no basis for proving that information was “confidential” in the first place.

A legally compliant NDA is therefore not only useful, but also legally required in order to be able to invoke the protection of the GeschGehG. It also shows your business partners that your company handles its information confidentially and carefully.

What a good NDA must do

A good NDA should, among other things:

define precisely which information is confidential;
clearly regulate what the information may be used for;
Clearly define the term and scope;
contain contractual penalties or compensation provisions that are enforceable;
harmonize with data protection requirements (e.g. GDPR) and competition law in a legally compliant manner;
clearly define the choice of law and place of jurisdiction for international constellations.

This is the only way to ensure that confidentiality protection is effective and meaningful.

Our service: Consulting and creation of NDAs

We advise and support you in the creation, adaptation and review of non-disclosure agreements – tailored to your specific requirements and your industry.

Our services at a glance:

Creation of individual NDAs for national and international business relationships
Review and adaptation of existing agreements (e.g. samples from your contractual partners)
Assessment of appropriateness in accordance with the requirements of the Trade Secrets Act
Drafting multilateral NDAs (e.g. for complex collaborations with several partners)
Coordination with other areas of law, such as data protection and competition law, to avoid contradictions and collisions
Negotiation support – in the background or in meetings if required

We know what is important if confidentiality is to function not only formally but also practically.

Our expertise – your advantage

Our law firm has many years of experience in the protection of trade secrets, both nationally and internationally. Our experienced attorneys combine sound legal expertise with practice-oriented strategies to optimally protect your secrets and interests. You benefit from

Legal expertise:
You can rely on our experience from a large number of contract drafts, contract negotiations and disputes in connection with trade secrets.
Individual support:
Every NDA requires individual solutions. We develop customized concepts that take into account your specific requirements for the protection of your trade secrets and your economic needs. We analyze the specifics of your industry and your processes in order to develop tailor-made strategies that provide you and your trade secrets with the best possible protection.
Practice-oriented solutions:
We write contracts that you can understand and apply.
Success-oriented action:
The aim of our legal advice in connection with NDAs is to protect your business interests in the long term and to safeguard your trade secrets as effectively as possible. We take into account all relevant legal, regulatory and industry-specific requirements in our advice in order to achieve the best possible result for you.