A Business Plan Confidentiality Agreement is essential when companies need to share sensitive business planning information with external parties while maintaining legal protection under Austrian law. This document is typically used during fundraising, strategic partnerships, mergers and acquisitions, or when seeking professional advice. It covers detailed financial projections, market strategies, intellectual property, and other confidential business information. The agreement must comply with Austrian legal requirements, including the Geschäftsgeheimnisgesetz (Trade Secrets Act), GDPR, and Austrian Civil Code (ABGB). It's particularly important in scenarios where comprehensive business plans containing trade secrets, competitive strategies, or proprietary information need to be disclosed to potential investors, partners, or advisors.
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1. Parties: Identification of the disclosing party (business plan owner) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, purpose of sharing the business plan, and general intent of the parties
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Business Plan', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the business plan and associated materials
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of the confidential information
6. Permitted Disclosures: Circumstances under which the receiving party may disclose information to representatives or as required by law
7. Information Security Measures: Required security measures for protecting the confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies under Austrian law
11. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Non-Solicitation: Restrictions on soliciting employees or customers, used when the business plan contains sensitive personnel or customer information
2. Intellectual Property Rights: Specific provisions protecting IP rights, used when the business plan contains patentable innovations or trade secrets
3. Data Protection Compliance: Specific GDPR and DSG compliance provisions, used when personal data is included in the business plan
4. Competition Restrictions: Additional provisions regarding competitive activities, used when sharing with potential competitors
5. Assignment and Succession: Provisions regarding transfer of rights, used for longer-term agreements or when corporate restructuring is contemplated
6. Representatives' Obligations: Detailed provisions regarding the obligations of representatives who access the information, used when wider access is needed
1. Schedule 1 - Description of Business Plan: Detailed description of the business plan materials being disclosed
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information
4. Schedule 4 - Return/Destruction Certificate: Form for certifying the return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Real Estate
Professional Services
Retail
Energy
Telecommunications
Biotechnology
E-commerce
Transportation
Construction
Media and Entertainment
Agriculture
Education
Relevant Teams
Legal
Finance
Business Development
Corporate Development
Strategy
Executive Leadership
Mergers & Acquisitions
Investment
Risk Management
Compliance
Innovation
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Legal Counsel
Investment Manager
Venture Capital Associate
Corporate Development Director
Strategy Consultant
M&A Advisor
Business Analyst
Private Equity Manager
Corporate Attorney
Financial Advisor
Business Broker
Startup Founder
Innovation Director
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