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Developer Contract

Developer Contract Template for Germany

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Key Requirements PROMPT example:

Developer Contract

"I need a Developer Contract under German law for hiring a senior full-stack developer as a permanent employee, with specific provisions for hybrid work arrangements and coverage of our proprietary AI development tools."

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Document background
The Developer Contract (Entwicklervertrag) is a specialized agreement used in the German market to establish a formal relationship between organizations and software developers, whether as employees or contractors. This document is essential when engaging technical talent in Germany, as it must comply with specific German legal requirements including the Civil Code (BGB), Working Hours Act (ArbZG), and data protection laws (DSGVO). The contract typically covers crucial aspects such as intellectual property assignment, confidentiality obligations, development standards, and working conditions. It's particularly important in the German context due to strict labor laws and specific requirements regarding employment terms, IP rights, and data protection. The document can be customized for various engagement models, from full-time employment to project-based work, while maintaining compliance with German legal frameworks.
Suggested Sections

1. Parties: Identification of the contracting parties (employer/client and developer)

2. Background: Context of the agreement and general purpose of the development work

3. Definitions: Key terms used throughout the contract including technical terminology

4. Scope of Services: Detailed description of development services, responsibilities, and deliverables

5. Term and Working Hours: Contract duration, working hours, and time recording requirements

6. Remuneration: Salary/fee structure, payment terms, and any variable components

7. Intellectual Property Rights: Assignment/licensing of rights in developed software and other works

8. Confidentiality: Protection of trade secrets and confidential information

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

10. Developer Obligations: Core responsibilities, coding standards, and documentation requirements

11. Employer Obligations: Provision of resources, information, and support

12. Acceptance Procedure: Process for testing and accepting deliverables

13. Warranty and Liability: Scope of warranties and limitation of liability

14. Termination: Termination conditions and notice periods

15. Final Provisions: Governing law, jurisdiction, and standard boilerplate clauses

Optional Sections

1. Non-Competition: Post-contractual non-compete clause (careful consideration needed as strict requirements apply under German law)

2. Remote Work Provisions: Specific provisions for remote work arrangements if applicable

3. Training and Professional Development: Provisions for continuing education and skill development

4. Project-Specific Milestones: If the contract is project-based rather than ongoing employment

5. Third-Party Software: Handling of third-party libraries and open source software

6. Travel Provisions: Rules and compensation for business travel if required

7. Equipment and Resources: Provisions regarding work equipment and technical resources

8. Bonus Schemes: Performance-based compensation if applicable

9. Inventions and Improvements: Detailed provisions for handling technical improvements and inventions

Suggested Schedules

1. Job Description: Detailed description of the role and responsibilities

2. Technical Requirements: Specific technical requirements, tools, and technologies

3. Development Guidelines: Coding standards and development practices

4. Remuneration Details: Detailed breakdown of compensation package

5. Project Timeline: If project-based, detailed timeline and milestones

6. Data Protection Agreement: Detailed GDPR-compliant data processing agreement

7. Company Policies: Relevant company policies and procedures

8. Software Documentation Requirements: Standards for code documentation and technical documentation

9. Acceptance Test Criteria: Detailed criteria and procedures for acceptance testing

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Deliverables
Software
Source Code
Object Code
Documentation
Specifications
Acceptance Criteria
Acceptance Tests
Development Environment
Production Environment
Intellectual Property Rights
Pre-existing Materials
Third Party Materials
Open Source Software
Confidential Information
Personal Data
Data Protection Laws
Working Hours
Remote Work
Development Methodology
Sprint
Milestone
Bug
Critical Error
Security Requirements
Technical Standards
Quality Standards
Good Industry Practice
Project Timeline
Completion Date
Acceptance Period
Testing Period
Maintenance Period
Support Services
Updates
Patches
Major Release
Minor Release
Development Tools
Company Materials
Client Materials
Background IP
Foreground IP
Work Results
Remuneration
Expenses
Working Day
Company Systems
Security Breach
Force Majeure
Repository
Version Control
API
Technical Documentation
User Documentation
Clauses
Scope of Services
Term
Working Hours
Remuneration
Payment Terms
Intellectual Property Rights
Assignment of Rights
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Code Documentation
Quality Standards
Testing and Acceptance
Warranty
Liability
Insurance
Force Majeure
Notice
Termination
Source Code Management
Development Methodology
Delivery
Access Rights
Security Requirements
Third-Party Software
Open Source Compliance
Maintenance and Support
Service Levels
Reporting
Code Review
Documentation Standards
Change Management
Dispute Resolution
Governing Law
Jurisdiction
Severability
Assignment
Entire Agreement
Amendment
Notices
Relevant Industries

Information Technology

Software Development

Financial Services

E-commerce

Healthcare Technology

Automotive

Industrial Technology

Telecommunications

Digital Media

Gaming Industry

Insurance Technology

Education Technology

Relevant Teams

Human Resources

Legal

Information Technology

Software Development

Engineering

Product Development

Research & Development

Quality Assurance

DevOps

Information Security

Technical Operations

Relevant Roles

Software Developer

Full Stack Developer

Frontend Developer

Backend Developer

Mobile App Developer

DevOps Engineer

Software Engineer

Systems Developer

Application Developer

Game Developer

Embedded Systems Developer

Cloud Developer

Technical Lead

Development Manager

CTO

Technical Architect

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - particularly sections 611-630 governing service contracts and employment relationships
Arbeitszeitgesetz (ArbZG): Working Hours Act - regulates maximum working hours, break periods, and rest periods
Urheberrechtsgesetz (UrhG): Copyright Act - particularly relevant for software copyright and intellectual property rights
Datenschutz-Grundverordnung (DSGVO/GDPR): General Data Protection Regulation - essential for handling personal data and ensuring data protection compliance
Bundesurlaubsgesetz (BUrlG): Federal Leave Act - governs minimum vacation entitlements and related rights
Nachweisgesetz (NachwG): Documentation Act - requires essential terms of employment to be documented in writing
Gesetz über Arbeitnehmererfindungen: Employee Inventions Act - relevant for handling inventions and innovations created during employment
Entgeltfortzahlungsgesetz (EntgFG): Continued Remuneration Act - covers sick pay and continued payment during holidays
Mindestlohngesetz (MiLoG): Minimum Wage Act - ensures compliance with minimum wage requirements
Telearbeitsverordnung: Teleworking Ordinance - particularly relevant for remote work arrangements
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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