The Peer Review 360 Degree Feedback agreement is essential for organizations operating in Germany that wish to implement a comprehensive employee feedback system. This document becomes necessary when companies plan to establish or update their performance evaluation processes to include multi-source feedback. It addresses critical requirements under German law, including works council co-determination rights under BetrVG, data protection obligations under GDPR and BDSG, and employee privacy rights. The agreement covers crucial aspects such as feedback collection methodology, data handling procedures, confidentiality requirements, and the scope of feedback usage. It also includes necessary consent forms, assessment criteria, and process guidelines, making it a foundational document for ensuring legal compliance while implementing 360-degree feedback systems in German organizations.
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1. Parties: Identification of the employer/company and the participating employees
2. Background: Context of implementing the 360-degree feedback system and its intended purpose
3. Definitions: Key terms including 'Feedback Provider', 'Subject Employee', 'Feedback Data', 'Assessment Criteria', etc.
4. Purpose and Scope: Detailed objectives of the feedback system and its application scope
5. Data Protection and Privacy: GDPR and BDSG compliance measures, data processing principles, and privacy safeguards
6. Feedback Process: Step-by-step procedure for conducting the 360-degree feedback
7. Rights and Obligations: Responsibilities of all parties involved, including feedback providers and subject employees
8. Confidentiality: Confidentiality obligations regarding feedback data and results
9. Use of Feedback Results: Permitted uses of feedback data and restrictions on its application
10. Storage and Retention: Data storage duration and deletion procedures
11. Term and Termination: Duration of the agreement and termination provisions
1. Works Council Provisions: Required when a works council exists, detailing their involvement and co-determination rights
2. International Data Transfer: Required when feedback data might be transferred outside the EU/EEA
3. Training and Support: Optional section detailing available training for participants
4. Appeals Process: Optional procedure for challenging or requesting review of feedback results
5. Integration with HR Processes: Optional section linking feedback to other HR processes like performance reviews
1. Schedule 1: Assessment Criteria: Detailed criteria and competencies being evaluated
2. Schedule 2: Feedback Questionnaire Template: Standard format and questions for collecting feedback
3. Schedule 3: Data Processing Details: Technical details of data processing, storage, and security measures
4. Schedule 4: Participant Consent Form: Template for obtaining explicit consent from participants
5. Schedule 5: Timeline and Process Flow: Detailed timeline and workflow diagrams for the feedback process
6. Appendix A: Works Council Agreement: If applicable, the works council's written approval
7. Appendix B: Privacy Notice: Detailed privacy notice compliant with GDPR Article 13/14
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