Current Non Compete Agreement Generator for Germany

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Key Requirements PROMPT example:

Current Non Compete Agreement

"I need a Current Non-Compete Agreement under German law for our new Chief Technology Officer who will be joining in March 2025, with specific focus on protecting our AI technology patents and preventing work with our main competitors in the DACH region."

Document background
The Current Non-Compete Agreement is a critical document used in German employment relationships to protect company interests while complying with strict German legal requirements. It is typically implemented for employees who have access to sensitive business information, key customer relationships, or trade secrets. The agreement must balance the employer's need to protect legitimate business interests with the employee's right to professional development, as protected under German law. It includes mandatory provisions for compensation (Karenzentschädigung) of at least 50% of the employee's previous total remuneration, specific restrictions on duration (maximum 2 years), and clear definitions of restricted activities and territories. This document is particularly important in industries with high employee mobility or where protection of confidential information and customer relationships is crucial.
Suggested Sections

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

2. Background: Context of the employment relationship and reason for the non-compete agreement

3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Restricted Territory', and 'Confidential Information'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities, aligned with §74a HGB requirements

5. Duration: Time period of the restriction (maximum 2 years under German law)

6. Geographic Scope: Definition of the territorial scope of the restriction

7. Compensation: Details of the mandatory compensation (minimum 50% of previous total remuneration)

8. Payment Terms: Specifics of how and when the compensation will be paid

9. Reduction of Compensation: Conditions for reduction of compensation due to other earnings as per §74c HGB

10. Contractual Penalty: Consequences of breach, including any predetermined penalties

11. Notifications: Requirements for employee to inform about new employment during restriction period

12. Governing Law: Confirmation of German law application and jurisdiction

13. Severability: Provisions for maintaining validity if parts are found unenforceable

Optional Sections

1. Garden Leave: Provisions for any garden leave period and its interaction with the non-compete period - used when garden leave is part of the employment termination

2. Customer Non-Solicitation: Additional restrictions on customer contact - used for customer-facing roles

3. Employee Non-Solicitation: Restrictions on soliciting other employees - used for management positions

4. Intellectual Property: Additional provisions relating to IP protection - used for technical or creative roles

5. International Scope: Additional provisions for cross-border application - used when business operates internationally

6. Early Termination Rights: Conditions under which either party can terminate the non-compete obligation - used for more flexible arrangements

Suggested Schedules

1. Schedule 1 - Compensation Calculation: Detailed breakdown of the compensation calculation including base salary, bonuses, and benefits

2. Schedule 2 - Restricted Territory: Detailed list or map of geographical areas covered by the restriction

3. Schedule 3 - Competitive Businesses: List of specific competitors or types of businesses considered competitive

4. Appendix A - Notification Form: Template for employee's mandatory notifications about new employment

5. Appendix B - Confidential Information: Detailed list of types of confidential information covered by the agreement

Authors

Alex Denne

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

Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Pharmaceuticals

Telecommunications

Software Development

Consulting

Research and Development

Retail

E-commerce

Industrial Engineering

Biotechnology

Media and Entertainment

Relevant Teams

Executive Leadership

Sales

Research & Development

Product Development

Customer Success

Technology

Business Development

Consulting

Account Management

Engineering

Design

Finance

Strategy

Operations

Information Technology

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Software Engineer

Product Manager

Research Scientist

Business Development Manager

Senior Consultant

Account Executive

Technical Lead

Regional Manager

Chief Financial Officer

Head of Research

Senior Designer

Solutions Architect

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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