This Confidentiality Agreement For HR Employees is essential for organizations operating in Germany to ensure legal compliance and protection of sensitive information handled by HR personnel. The document is specifically designed to meet requirements under German employment law, GDPR, and the Federal Data Protection Act (BDSG). It should be implemented when hiring new HR staff or updating existing confidentiality arrangements to reflect current legal requirements. The agreement covers handling of employee personal data, salary information, health records, performance evaluations, and other sensitive HR-related information. It includes specific provisions required by German law regarding data protection, works council rights, and employee privacy protection, making it suitable for both German companies and international organizations with operations in Germany.

1. Parties: Identification of the employer and the HR employee

2. Background: Context of the agreement and HR role

3. Definitions: Definitions of Confidential Information, Personal Data, Processing, and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the HR context

5. Data Protection Obligations: Specific obligations regarding handling of personal data under GDPR and BDSG

6. General Confidentiality Obligations: Core confidentiality duties and permitted uses of information

7. Security Measures: Required technical and organizational measures for protecting confidential information

8. Breach Reporting: Procedures for reporting confidentiality or data protection breaches

9. Duration of Obligations: Period of confidentiality obligations, including post-employment

10. Return of Confidential Information: Requirements for returning or destroying confidential information

11. Penalties and Legal Consequences: Consequences of breach under German law

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction