This Non-Disclosure Agreement For Students is essential when educational institutions or companies in Germany share confidential information with students during internships, research projects, thesis work, or other academic collaborations. It ensures proper protection of sensitive information while acknowledging the unique requirements of academic work under German law. The document addresses specific considerations such as GDPR compliance, academic publication rights, and the balance between confidentiality obligations and educational needs. It's particularly relevant when students access proprietary information, research data, or business secrets that require protection under German law, including the German Trade Secrets Act (GeschGehG) and relevant provisions of the German Civil Code (BGB).
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1. Parties: Identification of the disclosing party (typically the institution/company) and the receiving party (the student), including full legal names and addresses
2. Background: Context of the agreement, explaining the student's role, purpose of access to confidential information (e.g., internship, research project, thesis work)
3. Definitions: Clear definitions of key terms, especially 'Confidential Information' in the academic context, 'Permitted Purpose', and 'Academic Use'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the academic context, including research data, methodologies, and proprietary information
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and non-disclosure requirements
6. Permitted Uses: Specific allowances for using confidential information for academic purposes, including thesis work and academic publications
7. Duration and Survival: Term of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
9. Data Protection Compliance: GDPR and BDSG compliance provisions for handling personal data
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Academic Publication Rights: Additional section for cases where the student may need to publish research results or include information in academic work
2. Intellectual Property Rights: Section needed when the student might create IP during their work with confidential information
3. Third Party Disclosure: Include when the student might need to share information with academic supervisors or other students
4. International Exchange Provisions: Required for international students or cross-border research projects
5. Digital Security Measures: Include when confidential information will be accessed or stored electronically
6. Emergency Contact Procedures: Add when dealing with highly sensitive information requiring immediate notification of breaches
1. Schedule 1: Specific Confidential Information: Detailed list of specific confidential information, projects, or research areas covered
2. Schedule 2: Approved Academic Uses: List of pre-approved uses of confidential information for academic purposes
3. Schedule 3: Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A: Acknowledgment Form: Form for student to acknowledge receipt of specific confidential information
5. Appendix B: Academic Supervisor Confirmation: Form for academic supervisor to confirm oversight of confidential information use
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