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Candidate Non Disclosure Agreement Template for Germany

This document is a Non-Disclosure Agreement (NDA) designed for use with job candidates during recruitment processes under German law. It incorporates requirements from the German Trade Secrets Act (GeschGehG) and ensures compliance with GDPR and German data protection regulations. The agreement protects confidential business information disclosed during recruitment while maintaining reasonable restrictions in line with German employment and constitutional law principles. It includes provisions for handling sensitive information, data protection requirements, and clear obligations regarding the use and return of confidential materials.

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What is a Candidate Non Disclosure Agreement?

This Candidate Non-Disclosure Agreement is specifically designed for use in German recruitment processes where confidential business information needs to be shared with potential employees. It should be used before discussing sensitive details about the company's operations, technologies, or strategies with job candidates. The agreement complies with German law requirements, including the GeschGehG (Trade Secrets Act), GDPR, and relevant employment law principles. It provides legal protection while remaining proportionate and reasonable for a pre-employment context. The document includes essential confidentiality provisions, data protection requirements, and clear guidelines for handling sensitive information during and after the recruitment process.

What sections should be included in a Candidate Non Disclosure Agreement?

1. Parties: Identification of the company and the candidate, including full legal names and addresses

2. Background: Context of the disclosure, typically relating to the recruitment process and potential employment discussions

3. Definitions: Key terms including 'Confidential Information', 'Recruitment Process', 'Permitted Purpose', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the recruitment process

5. Obligations of Confidentiality: Core confidentiality obligations, including non-use and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors

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

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the recruitment process ends

9. Data Protection: GDPR compliance provisions and handling of personal data

10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

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

1. Intellectual Property Rights: Additional provisions regarding IP rights in case candidate may be exposed to patentable or copyright-protected information

2. Non-Solicitation: Optional restrictions on approaching company employees or clients, if proportionate and necessary

3. Specific Security Measures: Additional security requirements for handling particularly sensitive information

4. Third Party Rights: Provisions regarding confidential information belonging to company's clients or partners

5. Severability Clause: Specific provisions for severability under German law, particularly relevant for complex agreements

What schedules should be included in a Candidate Non Disclosure Agreement?

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information that may be disclosed during the recruitment process

2. Schedule 2 - Security Protocols: Specific procedures for handling and storing confidential information, if applicable

3. Schedule 3 - Acknowledgment Form: Form for candidate to acknowledge receipt of specific confidential information

4. Appendix A - Data Protection Notice: Detailed information about personal data processing in compliance with GDPR requirements

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use

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