Common use of Confidentiality Clause in Contracts

Confidentiality. 10.1 The parties undertake to regard all mutually received information as "confidential information" and treat it as strictly confidential, to use it exclusively on the basis of and in accordance with the order and to secure it against unauthorised access by third parties. 10.2 We do not use the Client's confidential information for any purpose other than the provision of the Services owed by us, unless the Client has consented in writing to such other use. Section 10.7 remains unaffected. 10.3 The parties will only disclose confidential information of the other party to such employees and agents for whom the disclosure of or access to the confidential information is necessary for the performance of their services and who are, to the extent permitted by labour law, bound to secrecy in this respect. 10.4 The confidentiality obligation applies beyond the duration of the assignment. 10.5 The confidentiality obligation pursuant to this section 10 does not apply to knowledge and information a) which at the time of their communication to the party obliged to maintain confidentiality have already been in the public or general domain or state of the art or which have already been known to this party without any breach of a confidentiality obligation; b) which were obtained by this party itself without using or referring to confidential information of the other party; c) which subsequently become public or generally known or state of the art without the party obliged to maintain confidentiality being at fault; d) which is disclosed or made accessible to the party obliged to maintain confidentiality by a third party authorised to do so; e) where the party from which the confidential information originates has consented to its disclosure, communication or making available to third parties. 10.6 An obligation to maintain confidentiality pursuant to this section 10 does also not exist in the following cases: a) the party obliged to maintain confidentiality is ordered by a court or official authority to disclose confidential information or is legally obliged to do so. In the event of a court or official order, it shall (as far as legally possible and practicable) inform the other party in advance so that it is given the opportunity to take legal action against the court or official order; b) if there is a reasonable suspicion that personal injury or damage to property could be caused by a product for which we have provided Services commissioned by the Client; c) vis-à-vis inspection authorities, to the extent there is a legal obligation to do so; d) if it is regulated in these GTC or otherwise agreed that there is no obligation of confidentiality. 10.7 We are entitled to use, publish and subject to an independent scientific evaluation the results of analyses, which have been obtained by us within the scope of Services performed, in anonymous form for scientific or statistical purposes, in compliance with data protection, provided that no legitimate interests of the Client known to us are opposed to this.

Confidentiality. 10.1 The parties undertake to regard all mutually received information as "confidential information" and treat it as strictly confidential, to use it exclusively on the basis of and in accordance with the order and to secure it against unauthorised access by third parties. 10.2 We do not use the Client's confidential information for any purpose other than the provision of the Services owed by us, unless the Client has consented in writing to such other use. Section 10.7 remains unaffected. 10.3 The parties will only disclose confidential information of the other party to such employees and agents for whom the disclosure of or access to the confidential information is necessary for the performance of their services and who are, to the extent permitted by labour law, bound to secrecy in this respect. 10.4 The confidentiality obligation applies beyond the duration of the assignment. 10.5 The confidentiality obligation pursuant to this section 10 does not apply to knowledge and information a) which at the time of their communication to the party obliged to maintain confidentiality have already been in the public or general domain or state of the art or which have already been known to this party without any breach of a confidentiality obligation; b) which were obtained by this party itself without using or referring to confidential information of the other party; c) which subsequently become public or generally known or state of the art without the party obliged to maintain confidentiality being at fault; d) which is disclosed or made accessible to the party obliged to maintain confidentiality by a third party authorised to do so; e) where the party from which the confidential information originates has consented to its disclosure, communication or making available to third parties. 10.6 An obligation to maintain confidentiality pursuant to this section 10 does also not exist in the following cases: a) the party obliged to maintain confidentiality is ordered by a court or official authority to disclose confidential information or is legally obliged to do so. In the event of a court or official order, it shall (as far as legally possible and practicable) inform the other party in advance so that it is given the opportunity to take legal action against the court or official order; b) if there is a reasonable suspicion that personal injury or damage to property could be caused by a product for which we have provided Services commissioned by the Client; c) vis-à-vis inspection authorities, to the extent there is a legal obligation to do so; d) if it is regulated in these GTC or otherwise agreed that there is no obligation of confidentiality. 10.7 We are entitled to use, publish and subject to an independent scientific evaluation the results of analyses, which have been obtained by us within the scope of Services performed, in anonymous form for scientific or statistical purposes, in compliance with data protection, provided that no legitimate interests of the Client known to us are opposed to this.