What is a Confidentiality Agreement?
A confidentiality agreement (German: Vertraulichkeitserklärung, also NDA) is a document in which participants in a procurement procedure commit to maintaining the confidentiality of exchanged information.
Legal Framework
- Section 5 VgV: Confidentiality above EU thresholds
- Section 97(1) GWB: Transparency and confidentiality requirements
- Art. 21 Directive 2014/24/EU: Confidentiality at EU level
When Required
| Situation | Reason | Frequency |
|---|---|---|
| Negotiated procedure | Protecting negotiation content | Common |
| Competitive dialogue | Protecting innovative solutions | Very common |
| Security-related contracts | Classification level | Mandatory |
Typical Contents
- Definition of confidential information
- Scope of confidentiality obligation
- Permitted disclosure (to subcontractors, advisors)
- Duration of confidentiality
- Return and deletion obligations
- Contractual penalties for breaches
Consequences of Breach
Violations can result in contractual penalties, damages, exclusion from the procedure, and in severe cases, criminal consequences.
How Patterno Helps
Patterno analyzes tender documents and flags confidentiality agreements and special requirements, ensuring you prepare all necessary declarations in time.