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Non Disparagement Agreement

Non Disparagement Agreement Template for Germany

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Key Requirements PROMPT example:

Non Disparagement Agreement

"I need a Non Disparagement Agreement under German law for a senior executive's departure from our technology company, with mutual obligations and specific provisions for social media communications, to be effective from March 1, 2025."

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Document background
Non-Disparagement Agreements are commonly used in German business and employment contexts to protect reputational interests while respecting legal boundaries. These agreements are particularly relevant during employment terminations, business separations, or settlement of disputes. The document must carefully balance the constitutional right to free expression (Grundgesetz Article 5) with contractual obligations under German civil law. A Non-Disparagement Agreement typically defines what constitutes disparagement, outlines permitted communications, and establishes consequences for violations. It's essential to ensure compliance with German employment protection laws (Kündigungsschutzgesetz) when used in employment contexts, and with data protection regulations (DSGVO) when handling personal information. The agreement should also align with German competition law to avoid any unfair restrictions on business practices.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement

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

3. Definitions: Definitions of key terms including 'disparagement', 'confidential information', and 'permitted communications'

4. Scope of Agreement: Clear delineation of what constitutes prohibited disparaging statements

5. Non-Disparagement Obligations: Core obligations of parties to refrain from making disparaging statements

6. Permitted Communications: Exceptions for legally required disclosures or truthful statements

7. Duration: Time period for which the obligations remain in effect

8. Remedies: Consequences of breach and available legal remedies

9. Severability: Provision ensuring rest of agreement remains valid if any part is found unenforceable

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

Optional Sections

1. Mutual Obligations: Used when both parties have reciprocal non-disparagement obligations

2. Social Media Provisions: Specific provisions regarding social media communications, used when parties have significant online presence

3. Confidentiality: Additional confidentiality obligations, used when sensitive information is involved

4. Employment Context: Specific provisions related to employment relationship, used when agreement is part of employment contract or termination

5. Third Party Rights: Provisions extending protection to related parties, used when protecting affiliated entities or individuals

6. Return of Materials: Requirements for returning documents or materials, used in employment or business separation contexts

7. Survival: Specifies which provisions survive termination of other agreements, used when linked to other contracts

Suggested Schedules

1. Covered Entities: List of additional protected parties (e.g., affiliated companies, officers, employees)

2. Approved Public Statements: Pre-approved statements that parties may make about the relationship or separation

3. Communication Guidelines: Detailed guidelines for acceptable and unacceptable communications

4. Related Agreements: List of other agreements that interact with the non-disparagement obligations

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

Financial Services

Professional Services

Media and Entertainment

Healthcare

Manufacturing

Retail

Education

Consulting

Telecommunications

Real Estate

Pharmaceuticals

Energy

Relevant Teams

Human Resources

Legal

Executive Leadership

Corporate Communications

Public Relations

Employee Relations

Compliance

Risk Management

Corporate Affairs

Operations

Sales

Business Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Manager

Senior Executive

Board Member

Managing Director

Operations Manager

Communications Director

Public Relations Manager

Sales Director

Business Development Manager

Project Manager

Senior Consultant

Executive Assistant

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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