Data protection: The exchange of private and subjective data of a group of people or a person may be necessary to avoid activities considered export activities. Another word; the development of a data protection clause in a confidentiality agreement that states that personal data is also considered confidential information that would not serve the benefits of export control. Mandatory disclosure: The rights and commitments of both parties in the form of policies in the event of forced or administrative disclosure are described in order to avoid any violation of export control rules. When an export control clause is included in a confidentiality agreement or such a clause is inserted by the party, the information to be received from the party should first be considered. If this could be controlled on export, it will be necessary to analyze what the receiving company wants to make information. Since the information must be kept secret, it can be assumed, as a first step, that the information will not be disclosed to third parties and will therefore not be disclosed across borders. The risk of violations of export control rules is therefore low in the first phase. However, it is problematic and relevant in practice if the information is to be disclosed at a later date. In this case, it is appropriate to carefully consider whether export licences are necessary and what personal and/or specific restrictions are to be foreseen. The fact that U.S. export control legislation has an extraterritorial effect is particularly delicate in practice, i.e. U.S.
export control legislation is (simplified) that all U.S.-sourced goods are subject to U.S. export control, even though goods continue to be exported later, such as Switzerland to China.B. In addition, so-called “American” people are subject to stricter rules than “non-American persons.” The precise definition is complex, but it should be closely studied by companies employing the United States. These public service obligations cannot be changed by a private law contract (for example. B a confidentiality agreement). However, the corresponding clauses in private contracts may lead one party to be liable for damages to the other, for example. B if it violates the provisions of export control law.