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Employee Proprietary Information Agreement

Employee Proprietary Information Agreement Template for Germany

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Key Requirements PROMPT example:

Employee Proprietary Information Agreement

"I need an Employee Proprietary Information Agreement under German law for a software development company, with strong protections for source code and technical documentation, and specific provisions for employees working remotely from multiple EU countries starting March 2025."

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Document background
The Employee Proprietary Information Agreement is a crucial document used in German employment relationships to protect a company's confidential information, trade secrets, and intellectual property rights. This agreement should be implemented at the start of employment or when an employee gains access to sensitive information. It ensures compliance with German legal requirements, including the Trade Secrets Act (GeschGehG), Employee Inventions Act (ArbnErfG), and relevant EU regulations such as GDPR. The agreement covers various aspects including confidentiality obligations, handling of trade secrets, ownership of intellectual property, employee inventions, and data protection requirements. It is designed to balance the employer's legitimate interests in protecting proprietary information with employee rights under German labor law.
Suggested Sections

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

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', and other relevant terms

4. Scope of Employment: General description of employee's role and responsibilities

5. Confidential Information: Detailed provisions regarding what constitutes confidential information and the employee's obligations to maintain confidentiality

6. Protection of Trade Secrets: Specific provisions relating to trade secrets as defined under the GeschGehG

7. Intellectual Property Rights: Provisions regarding ownership and assignment of IP created during employment

8. Employee Inventions: Provisions regarding handling of employee inventions in accordance with ArbnErfG

9. Return of Company Property: Obligations regarding return of company materials and information upon termination

10. Post-Employment Obligations: Continuing obligations regarding confidentiality after employment ends

11. Data Protection: Provisions regarding handling of personal data in compliance with GDPR

12. Term and Termination: Duration of the agreement and conditions for termination

13. General Provisions: Standard clauses including governing law, jurisdiction, and severability

Optional Sections

1. Non-Competition: Optional restrictions on competitive activities, used when justified by legitimate business interests and compliant with German labor law restrictions

2. Third Party Information: Provisions regarding handling of third party confidential information, used when employee may have access to such information

3. Remote Work Provisions: Special provisions for handling confidential information during remote work, used for employees working from home

4. International Transfer of Data: Additional provisions for international data transfers, used when company operates across multiple jurisdictions

5. Specific Project Provisions: Special provisions for specific projects or types of confidential information, used for employees working on sensitive projects

Suggested Schedules

1. Schedule 1: Confidential Information Categories: Detailed list of types and categories of confidential information specific to the company

2. Schedule 2: Approved Tools and Security Measures: List of approved tools, software, and security measures for handling confidential information

3. Schedule 3: Invention Disclosure Form: Standard form for employees to disclose inventions as required by German law

4. Schedule 4: Return of Property Checklist: Checklist of items and information to be returned upon termination

5. Appendix A: Data Protection Notice: Detailed information about personal data processing as required by GDPR

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries

Technology

Pharmaceuticals

Manufacturing

Research and Development

Financial Services

Professional Services

Biotechnology

Automotive

Chemical Industry

Software Development

Telecommunications

Engineering

Healthcare

Consumer Electronics

Defense Industry

Relevant Teams

Research & Development

Engineering

Product Development

Information Technology

Legal

Human Resources

Finance

Marketing

Sales

Operations

Quality Assurance

Data Science

Innovation

Strategy

Customer Support

Relevant Roles

Software Engineer

Research Scientist

Product Manager

Technical Lead

Chief Technology Officer

Research and Development Engineer

Data Scientist

Systems Architect

Project Manager

Business Analyst

Laboratory Technician

Design Engineer

Financial Analyst

Marketing Manager

Sales Executive

HR Manager

Legal Counsel

Operations Manager

Quality Assurance Engineer

Process Engineer

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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