Mutual Non Disparagement Agreement Template for Germany

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Key Requirements PROMPT example:

Mutual Non Disparagement Agreement

"I need a Mutual Non-Disparagement Agreement under German law for a technology startup and its departing co-founder, with special attention to social media restrictions and protection of intellectual property, to be effective from March 1, 2025."

Document background
The Mutual Non-Disparagement Agreement is a crucial document used in various business and professional contexts under German law where parties wish to establish clear boundaries regarding public and private communications about each other. It is particularly relevant in situations involving employment separations, business partnership dissolutions, or settlement of disputes. The agreement must carefully balance the protection of reputation with constitutional rights of free expression under German law. It typically includes detailed definitions of prohibited conduct, permitted exceptions (such as legally required disclosures), enforcement mechanisms, and remedies available under German jurisdiction. This document is especially important in today's digital age where statements can have immediate and far-reaching impacts on professional reputations and business relationships.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the relationship between the parties and the reason for entering into the non-disparagement agreement

3. Definitions: Clear definitions of key terms, especially 'disparagement', 'confidential information', and the scope of 'prohibited statements'

4. Non-Disparagement Obligations: Detailed mutual commitments regarding prohibited statements and behaviors, including specific examples of what constitutes disparagement

5. Permitted Disclosures: Exceptions to the non-disparagement obligations, including legal requirements, court orders, and regulatory compliance

6. Duration: Term of the agreement and whether obligations survive termination

7. Remedies and Enforcement: Consequences of breach, including available legal remedies and potential liquidated damages

8. Notices: Process for delivering formal communications between parties

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Mediation Clause: Optional provision for resolving disputes through mediation before litigation, recommended for business relationships

2. Social Media Provisions: Specific provisions regarding social media behavior and posts, particularly relevant for public figures or digital businesses

3. Third Party Rights: Provisions extending protection to related parties such as affiliates, employees, or family members

4. Severability: Clause ensuring survival of remaining provisions if parts are found invalid, particularly important in complex agreements

5. Confidentiality: Additional provisions regarding confidentiality of the agreement itself and any related matters, useful in sensitive situations

Suggested Schedules

1. Schedule 1 - Protected Parties: List of additional parties protected by the agreement (e.g., affiliates, family members, employees)

2. Schedule 2 - Specific Prohibited Statements: Detailed examples of statements or actions that would constitute a breach

3. Schedule 3 - Communication Guidelines: Guidelines for public communications, particularly relevant for social media and press interactions

4. Appendix A - Notice Details: Detailed contact information and procedures for formal notices between parties

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

Professional Services

Manufacturing

Media and Entertainment

Healthcare

Retail

Education

Consulting

Real Estate

Telecommunications

Start-ups

Relevant Teams

Legal

Human Resources

Executive Leadership

Communications

Public Relations

Corporate Affairs

Compliance

Risk Management

Employee Relations

Business Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Board Member

Managing Director

Department Head

Senior Manager

Communications Director

Public Relations Manager

Operations Manager

Project Manager

Business Development Manager

Partnership Manager

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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