Non Disclosure Agreement Employee Termination Template for Germany

This Non Disclosure Agreement Employee Termination is specifically designed for use in German employment termination contexts where protection of confidential information is crucial. It should be implemented when an employee with access to sensitive information, trade secrets, or valuable intellectual property is leaving the organization. The document ensures continued protection of company information post-employment while complying with German employment law, data protection regulations, and trade secret protection requirements. It includes provisions for defining confidential information, establishing post-employment obligations, ensuring proper return of company property, and setting out clear consequences for breaches. The agreement is particularly important in industries where intellectual property and trade secrets are vital assets, and should be customized based on the employee's role and level of access to sensitive information.

1. Parties: Identification of the employer and the departing employee, including full legal names and addresses

2. Background: Brief context of the employment relationship, confirmation of termination, and purpose of the agreement

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Business Sensitive Information' in accordance with German Trade Secrets Act

4. Acknowledgment of Prior Obligations: Reference to existing confidentiality obligations from employment contract and confirmation these continue post-employment

5. Scope of Confidential Information: Detailed description of protected information, specifically identifying categories of trade secrets and confidential information

6. Post-Employment Obligations: Specific duties regarding non-disclosure, return of company property, and handling of confidential information

7. Duration of Obligations: Timeframe for confidentiality obligations, distinguishing between trade secrets and other confidential information

8. Return of Company Property: Specific requirements for returning documents, data, and devices containing confidential information

9. Data Protection Compliance: Provisions ensuring compliance with GDPR and German data protection laws

10. Remedies and Penalties: Legal consequences of breach, including potential damages, in accordance with German law

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes