Do I need my employer's consent before selling digital assets online on the weekend?

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Let's say I wrote an ebook on the weekend and will put it online to sell it. My software engineerimg contract with the employer has the usual non compete clauses like section 60 of the German Commercial Code. I'm a full time employee.

The contract also says I need their permission for starting any 'occupation' on the side. However, does putting an ebook online and generating potential revenue from it consist of 'occupation'? The contract also says I need employers permission if I want to buy or own more than 5% of a company or a non profit.

Do I really need to ask my employer about this? What could be the consequence if I don't? Will I lose my job or can I even go to jail?

The ebook would be in a completely different business area than where my employer operates in. Example: employer in fashion eCommerce but eBook is about AI in healthcare.

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Posted: 1 year ago
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