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Non Disclosure Agreement Job Offer Template for Germany

A comprehensive document that combines a formal job offer with non-disclosure provisions under German law. This dual-purpose agreement outlines the terms of employment while simultaneously establishing robust confidentiality obligations. The document complies with German employment law requirements, including mandatory employment terms as per German Civil Code (BGB), while incorporating confidentiality provisions aligned with the German Trade Secrets Act (GeschGehG). It includes detailed sections on employment terms, compensation, working conditions, and extensive confidentiality obligations, making it particularly suitable for positions involving access to sensitive business information.

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What is a Non Disclosure Agreement Job Offer?

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.

What sections should be included in a Non Disclosure Agreement Job Offer?

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

What sections are optional to include in a Non Disclosure Agreement Job Offer?

1. Remote Work Provisions: Include when remote work is permitted, specifying terms and conditions

2. International Travel: Include when position requires international travel

3. Training Obligations: Include when specific training requirements or commitments exist

4. Company Equipment: Include when company provides significant equipment or technology

5. Variable Compensation: Include when compensation includes significant variable components

6. Third Party Information: Include when role involves access to third party confidential information

7. Specific Project Assignments: Include when employment is project-based or involves specific assignments

What schedules should be included in a Non Disclosure Agreement Job Offer?

1. Job Description: Detailed description of role, responsibilities, and reporting lines

2. Compensation Details: Detailed breakdown of salary components and benefits

3. Confidential Information Categories: Specific types of confidential information covered by the agreement

4. Company Policies: Reference to relevant company policies and procedures

5. Benefits Schedule: Detailed description of all employee benefits and eligibility criteria

6. Data Protection Policy: Detailed data protection and privacy policies

7. IT Security Guidelines: Specific IT security requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Cost

Free to use

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