The Non Disclosure Employee Agreement is a crucial document for protecting a company's confidential information and trade secrets within the German legal framework. It should be implemented at the start of employment relationships where employees will have access to sensitive business information, intellectual property, or trade secrets. The agreement ensures compliance with the German Trade Secrets Act (GeschGehG), relevant provisions of the German Civil Code (BGB), and EU data protection regulations. It establishes clear guidelines for handling confidential information, defines security measures, and outlines post-employment obligations while maintaining fairness and enforceability under German law. This document is particularly important for companies operating in competitive industries or handling sensitive information, as it provides legal recourse in case of unauthorized disclosure while respecting employee rights under German employment law.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, employment relationship, and reason for confidentiality requirements
3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms in accordance with GeschGehG requirements
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and trade secrets in the specific employment context
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and workplace necessities
7. Security Measures: Required procedures and precautions for handling and protecting confidential information
8. Duration of Obligations: Time period for confidentiality obligations, including post-employment duration
9. Return of Confidential Information: Procedures for returning or destroying confidential information upon employment termination
10. Intellectual Property Rights: Clarification that the agreement does not transfer any IP rights to the employee
11. Breach and Consequences: Consequences of breaching the agreement, including potential legal actions and damages
12. Governing Law and Jurisdiction: Specification of German law application and competent courts
1. Whistleblower Protection: Section addressing employee rights to report violations to authorities, required if company has specific whistleblowing procedures
2. Third Party Information: Additional provisions for handling confidential information from clients, suppliers, or business partners
3. International Data Transfers: Required for employees who may handle data across borders or work with international teams
4. Works Council Reference: Required if a works council exists and has co-determination rights regarding confidentiality policies
5. Non-Competition Clause: Optional post-contractual non-compete provisions (must include compensation as required by German law)
6. Training Requirements: Specific training obligations regarding confidential information handling, if company provides such training
1. Schedule 1: Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role
2. Schedule 2: Security Procedures: Detailed security protocols and procedures for handling confidential information
3. Schedule 3: Authorized Persons: List of persons or roles with whom confidential information may be shared
4. Appendix A: Acknowledgment Form: Form for employee to acknowledge receipt and understanding of specific confidential information
5. Appendix B: Return/Destruction Certificate: Template for confirming return or destruction of confidential information upon employment termination
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