The Confidentiality Agreement For IT Employees is a specialized employment document designed for use in the German market, essential for protecting company secrets, intellectual property, and sensitive information in technology-focused roles. It should be implemented at the start of employment or when an IT employee gains access to sensitive systems and data. The agreement addresses specific requirements under German law, including GDPR compliance, trade secrets protection under GeschGehG, and employee rights under German labor law. It covers various aspects of information security, from source code protection to client data confidentiality, while ensuring enforceability through careful consideration of German constitutional employment protections. This document is particularly crucial given the increasing digitalization of business operations and the sensitive nature of IT work.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of the confidentiality agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', 'Company Systems', and 'Protected Data'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT context, including source code, algorithms, databases, and client information
5. Employee Obligations: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Security Measures: Specific technical and organizational measures required for protecting confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessity
8. Return of Materials: Obligations regarding return or destruction of confidential information upon employment termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in effect
10. Data Protection Compliance: Specific obligations related to GDPR and BDSG compliance
11. Breach and Consequences: Consequences of breaching the agreement, including potential legal actions and damages
1. Third Party Information: Additional provisions for handling third party confidential information, used when employee will have access to client or partner data
2. Remote Working Provisions: Specific confidentiality measures for remote work scenarios, included when remote work is permitted
3. International Data Transfer: Provisions for handling international data transfers, included when employee's role involves cross-border data processing
4. Post-Employment Competition: Non-compete provisions, included only when legally necessary and with appropriate compensation as required under German law
5. Intellectual Property Assignment: Specific provisions for IP created during employment, included for development roles
6. Device Usage Policy: Rules for using personal devices for work purposes, included when BYOD is permitted
1. Schedule 1: Specific Confidential Information: Detailed list of types of confidential information specific to the employee's role
2. Schedule 2: Security Protocols: Detailed technical security measures and protocols to be followed
3. Schedule 3: Approved Tools and Systems: List of approved software, tools, and systems for handling confidential information
4. Appendix A: Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
5. Appendix B: Exit Certification: Form for certifying compliance upon employment termination
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