Non Disclosure Agreement Job Offer Template for Germany

This Non Disclosure Agreement Job Offer is designed for use when companies need to establish both employment terms and confidentiality obligations simultaneously under German law. It's particularly relevant for positions where employees will have access to sensitive business information, trade secrets, or proprietary technology from their first day of employment. The document ensures compliance with German employment law requirements while providing robust protection for confidential information. It's structured to meet the requirements of the German Civil Code (BGB), German Trade Secrets Act (GeschGehG), and relevant data protection regulations (GDPR/DSGVO). This combined approach streamlines the onboarding process by incorporating all necessary legal protections into a single, comprehensive document, reducing administrative burden and ensuring consistency between employment and confidentiality obligations.

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and employment-related terms

4. Employment Terms: Essential employment conditions including position, start date, probationary period, and basic duties

5. Remuneration and Benefits: Salary, bonus structure, and other benefits

6. Working Hours and Location: Specified working hours, workplace location, and any flexibility arrangements

7. Confidentiality Obligations: Scope of confidential information and employee's obligations to maintain confidentiality

8. Use of Confidential Information: Permitted uses of confidential information and security measures

9. Return of Confidential Information: Obligations regarding return or destruction of confidential information upon employment termination

10. Data Protection: GDPR compliance and handling of personal data

11. Intellectual Property Rights: Assignment of IP rights and works created during employment

12. Non-Competition and Non-Solicitation: Post-employment restrictions on competition and solicitation

13. Term and Termination: Duration of employment and termination provisions

14. Survival of Obligations: Continuation of confidentiality obligations after employment ends

15. Governing Law and Jurisdiction: Application of German law and jurisdiction for disputes