Non Solicitation Agreement for Germany

Non Solicitation Agreement Template for Germany

A comprehensive legal agreement governed by German law that restricts one party from soliciting employees, customers, or business partners of another party for a specified period. The document incorporates specific provisions compliant with German employment law, competition regulations, and constitutional requirements, particularly addressing the balance between legitimate business protection and individual freedom of occupation under Article 12 of the German Constitution. It includes detailed terms on geographical scope, duration, consideration, and enforcement mechanisms, while ensuring compliance with German statutory requirements and court precedents regarding reasonable restrictions.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Non Solicitation Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Non Solicitation Agreement?

The Non-Solicitation Agreement serves as a crucial business protection tool in the German legal context, designed to safeguard companies against the loss of valuable employees, customers, and business relationships. It is commonly used during business transactions, employment terminations, or partnership dissolutions where there is a legitimate interest in protecting business continuity. The document must carefully navigate German legal requirements, particularly regarding the reasonableness of restrictions and the protection of constitutional rights. Key considerations include the scope of restricted activities, temporal limitations, and geographical boundaries, all of which must be proportionate and justified under German law. The agreement typically includes specific provisions for consideration, enforcement mechanisms, and remedies in case of breach, while ensuring compliance with German data protection regulations and trade secret laws.

What sections should be included in a Non Solicitation Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and the business relationship between the parties

3. Definitions: Key terms used throughout the agreement, including 'Restricted Persons', 'Restricted Period', and 'Business Relationship'

4. Scope of Non-Solicitation: Detailed description of prohibited solicitation activities, including customer, employee, and supplier non-solicitation provisions

5. Duration: Time period for which the non-solicitation obligations remain in effect

6. Geographical Scope: Territorial limitations of the non-solicitation obligations

7. Consideration: Compensation or consideration provided in exchange for the non-solicitation obligations

8. Confidentiality: Obligations regarding the confidential treatment of business information

9. Breach and Remedies: Consequences of violating the agreement, including potential penalties and enforcement mechanisms

10. Severability: Provisions ensuring that if any part of the agreement is found invalid, the rest remains in effect

11. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts

What sections are optional to include in a Non Solicitation Agreement?

1. Garden Leave: Provisions for paid leave during sensitive transition periods, used when there's a high risk of competitive harm

2. Compliance with Data Protection Laws: Detailed GDPR compliance provisions, necessary when personal data processing is involved

3. Post-Termination Obligations: Additional obligations after the end of the business relationship, included for more comprehensive protection

4. Assignment and Succession: Rules for transferring agreement rights, included when business transfers are likely

5. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative dispute resolution

6. Training and Compliance: Requirements for training employees on non-solicitation obligations, used in larger organizational contexts

What schedules should be included in a Non Solicitation Agreement?

1. Schedule 1: Restricted Persons: List of specific employees, customers, or suppliers covered by the non-solicitation provisions

2. Schedule 2: Restricted Activities: Detailed description of prohibited solicitation activities and examples

3. Schedule 3: Calculation of Consideration: Formula or method for calculating any consideration payable

4. Appendix A: Acknowledgment Form: Form for affected employees or parties to acknowledge understanding of restrictions

5. Appendix B: Compliance Certificate: Template for periodic certification of compliance with non-solicitation obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Consulting

Retail

Information Technology

Telecommunications

Pharmaceutical

Insurance

Banking

Legal Services

Recruitment

Marketing and Advertising

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Account Management

Operations

Compliance

Risk Management

Strategic Planning

Client Services

Recruitment

Partner Relations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Sales Director

Business Development Manager

Account Manager

Senior Consultant

Department Head

Regional Manager

Managing Director

Chief Financial Officer

Partner

Senior Executive

Technical Director

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Workplace Confidentiality Agreement

German law-compliant confidentiality agreement protecting company secrets and confidential information in employment relationships.

find out more

Custom NDA

A customizable non-disclosure agreement compliant with German law, designed to protect confidential information in business relationships.

find out more

Personal NDA

A German law-compliant Personal NDA establishing confidentiality obligations between an individual and another party, ensuring protection of sensitive information under German legal framework.

find out more

Business Non Disclosure Agreement

German law-governed Business NDA for protecting confidential information in commercial relationships, compliant with GeschGehG and BGB requirements.

find out more

NDA Disclaimer

A German law-governed document combining non-disclosure obligations with liability disclaimers for shared confidential information.

find out more

Company Non Disclosure Agreement

German law-governed company NDA for protecting confidential business information, compliant with GeschGehG and BGB requirements.

find out more

Non Disclosure Agreement Graphic Design

German law-compliant NDA specifically tailored for graphic design services, protecting confidential information and creative assets in design projects.

find out more

Non Circumvention Non Disclosure & Working Agreement

A German law-governed agreement combining non-circumvention, confidentiality provisions, and working relationship terms for protecting business relationships and sensitive information.

find out more

NDA Confidential Information

German law-governed NDA for protecting confidential information in business relationships, compliant with German Trade Secrets Act and relevant regulations.

find out more

Declaration Of Non Disclosure

A German law-governed agreement establishing confidentiality obligations between parties, aligned with the Geschäftsgeheimnisgesetz and related German legislation.

find out more

Declaration Of Confidentiality

A German-law governed confidentiality agreement that protects trade secrets and confidential information in compliance with the GeschGehG and related German legislation.

find out more

Confidentiality Provision In Settlement Agreement

German law-compliant confidentiality provision for settlement agreements, ensuring protection of sensitive information and settlement terms under German jurisdiction.

find out more

Confidentiality Agreement For IT Employees

German-law compliant confidentiality agreement for IT employees, covering data protection, trade secrets, and technical confidentiality requirements.

find out more

Commercial Real Estate Confidentiality Agreement

German law-compliant confidentiality agreement for commercial real estate transactions, protecting sensitive property and business information.

find out more

Design NDA

German law-compliant Non-Disclosure Agreement specifically focused on protecting confidential design information, materials, and related intellectual property.

find out more

Confidentiality Agreement Personal Information

German-law governed confidentiality agreement for personal information protection, compliant with GDPR and BDSG requirements.

find out more

Client NDA

German law-governed NDA for protecting confidential information in client-service provider relationships.

find out more

Invention NDA

A German law-governed NDA specifically designed to protect confidential information related to inventions and technical innovations.

find out more

Confidentiality Agreement For HR Employees

German law-compliant confidentiality agreement for HR employees, incorporating GDPR and local data protection requirements.

find out more

Non Disclosure Agreement For Restaurant Employees

German-law compliant Non-Disclosure Agreement for restaurant employees, protecting confidential information and trade secrets while adhering to German employment regulations.

find out more

Short NDA

A streamlined Non-Disclosure Agreement under German law, providing essential confidentiality protections for business relationships.

find out more

Simple Non Disclosure Agreement For Employees

German-law compliant Non-Disclosure Agreement for employee confidentiality obligations, aligned with German employment and trade secret protection laws.

find out more

Full Non Disclosure Agreement

German law-governed Non-Disclosure Agreement protecting confidential information exchange between parties, incorporating GeschGehG and BGB requirements.

find out more

Reciprocal NDA

A mutual confidentiality agreement under German law for protecting confidential information exchanged between two parties.

find out more

Non Disclosure Agreement Property

A German law-governed NDA for protecting confidential information in property-related transactions and business dealings.

find out more

Non Disclosure Agreement Job Offer

A German law-governed combined employment offer and confidentiality agreement that establishes both employment terms and non-disclosure obligations.

find out more

Non Competition Non Solicitation And Confidentiality Agreement

A German law-governed agreement combining non-compete, non-solicitation, and confidentiality provisions, with mandatory compensation requirements and GDPR compliance.

find out more

NDA For Subcontractors

German law-governed NDA for protecting confidential information in subcontractor relationships, compliant with GeschGehG and GDPR.

find out more

NDA For Startup Idea

German law-governed NDA designed to protect innovative startup ideas and related confidential information.

find out more

Mutual Non Circumvention Non Disclosure Agreement

A German law-governed agreement combining non-circumvention and confidentiality provisions to protect business relationships and confidential information.

find out more

Model NDA

German law-compliant Non-Disclosure Agreement template for protecting confidential business information, aligned with German Trade Secrets Act requirements.

find out more

Deed Of Non Disclosure

German law-governed deed of non-disclosure providing enhanced legal protection for confidential information exchange, incorporating specific requirements of German civil and commercial law.

find out more

Data Confidentiality Agreement

A German law-governed agreement establishing confidentiality obligations and data protection requirements between parties, ensuring GDPR and BDSG compliance.

find out more

Confidentiality Agreement For Contractors

German law-compliant confidentiality agreement template for protecting company information in contractor relationships.

find out more

Commercial Confidentiality Agreement

A German law-governed Commercial Confidentiality Agreement for protecting business secrets and confidential information in commercial relationships.

find out more

Business Plan Non Disclosure Agreement

German law-compliant NDA for protecting business plan confidentiality during investment and partnership discussions.

find out more

Business Confidentiality Agreement

A German law-governed agreement protecting confidential business information exchange between parties, compliant with GeschGehG and BGB requirements.

find out more

Full Form NDA

Comprehensive German law-governed NDA with robust confidentiality protections and GDPR compliance measures.

find out more

NDA Between Two People

A German law-governed NDA for confidential information exchange between two individuals, providing comprehensive protection under German civil law.

find out more

Non Disclosure Agreement With External Auditors

German law-governed NDA for external audit engagements, ensuring confidentiality compliance with German regulations and professional standards.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now