Enforceability of post-contractual non-disclosure obligations in termination agreements under standard terms law

The Federal Labor Court reversed the appellate court's judgment and dismissed the plaintiff's claim in its entirety, upholding the lower court's initial rejection of the suit and ordering the plaintiff to bear all litigation costs. The dispute centered on the employee's attempt to set aside a post-contractual non-disclosure obligation in a termination agreement, arguing that the clause violated statutory disclosure duties or constituted an unconscionable surprise term. The court held that such contractual confidentiality obligations entered into by a sophisticated employee during the course of employment negotiations are valid and enforceable, provided they are not excessive in scope or duration relative to the employer's legitimate interest in protecting trade secrets, thereby confirming that the statutory rules on standard terms do not automatically invalidate individually negotiated post-contractual restrictions.