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Simple Employee Confidentiality Agreement Template for Germany

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Key Requirements PROMPT example:

Simple Employee Confidentiality Agreement

"I need a Simple Employee Confidentiality Agreement for our German tech startup that specifically covers source code protection and customer data security, to be used for our new software development team starting January 2025."

Document background
The Simple Employee Confidentiality Agreement is a fundamental document in German employment relationships, used to protect an organization's confidential information, trade secrets, and intellectual property. This agreement should be implemented at the start of employment or when an employee gains access to sensitive information. It establishes clear guidelines for handling confidential information while ensuring compliance with German employment law, the German Trade Secret Act (GeschGehG), and data protection regulations. The document is particularly important given Germany's strong emphasis on both trade secret protection and employee rights, requiring a balanced approach that protects business interests while respecting employee freedoms and data protection principles.
Suggested Sections

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

2. Background: Brief context explaining the employment relationship and need for confidentiality

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Business Information'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the 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 (e.g., legal requirements, court orders)

7. Data Protection Compliance: Specific obligations regarding personal data handling in accordance with GDPR/BDSG

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

9. Duration of Obligations: Timeframe for confidentiality obligations, including post-employment period

10. Breach and Consequences: Consequences of breaching the agreement, including potential legal actions

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

Optional Sections

1. Third Party Information: Additional provisions for handling confidential information of customers, suppliers, or business partners - include when employee has access to such information

2. Technical Protection Measures: Specific requirements for IT security and technical protection of confidential information - include for technical roles or when handling digital assets

3. Intellectual Property Rights: Provisions regarding IP rights in relation to confidential information - include for R&D or creative roles

4. Non-Competition Provisions: Limited non-competition clauses related to confidential information - include only if essential and ensuring compliance with German restrictions on non-compete clauses

5. Works Council Reference: Reference to works council agreements if applicable - include when workplace has works council and collective agreements exist

6. International Transfer: Provisions for international transfer of confidential information - include for multinational companies or roles involving international communication

Suggested Schedules

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: Specific procedures for handling and protecting confidential information

3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive confidential information in course of business

4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of confidentiality obligations

Authors

Alex Denne

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

Relevant legal definitions
























Clauses




















Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Research and Development

Retail

Telecommunications

Pharmaceutical

Automotive

Energy

Media and Entertainment

Consulting

Education

Biotechnology

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Finance

Operations

Sales

Marketing

Product Development

Executive Leadership

Customer Support

Quality Assurance

Business Development

Administration

Project Management

Relevant Roles

Software Developer

Financial Analyst

Human Resources Manager

Research Scientist

Product Manager

Sales Executive

Operations Manager

Data Analyst

Marketing Manager

Engineer

Legal Counsel

Administrative Assistant

Project Manager

Business Development Manager

Technical Support Specialist

Executive Assistant

Department Head

Consultant

Quality Assurance Specialist

Customer Service Representative

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

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