This Confidentiality Agreement Form is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during business negotiations, partnerships, or employment relationships. The document is specifically drafted to comply with Austrian legal requirements, including the ABGB, UGB, and EU GDPR regulations. It is commonly used before sharing sensitive business information, during due diligence processes, in employment contexts, or when engaging with contractors and service providers. The agreement outlines the scope of confidential information, parties' obligations, security measures, and consequences of breach, all within the framework of Austrian law. It includes specific provisions for data protection and trade secrets protection, making it suitable for various business relationships while ensuring legal enforceability in Austrian courts.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and prohibited uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection: GDPR compliance measures and data protection obligations
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction: Obligations regarding the return or destruction of confidential information
10. Duration and Survival: Term of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Rights: Include when third parties may have rights under the agreement or when information of third parties is involved
2. Group Company Rights: Include when either party's group companies need to be covered by the agreement
3. Export Controls: Include when confidential information may be subject to export control regulations
4. Non-Solicitation: Include when there's a risk of personnel poaching between parties
5. Publicity: Include when there's a need to regulate public announcements about the relationship
6. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information
7. Auditing Rights: Include when the disclosing party needs rights to audit the receiving party's compliance
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Appendix A - Forms: Standard forms for recording disclosure, return, or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Research & Development
Biotechnology
Energy
Telecommunications
Retail
Education
Construction
Media & Entertainment
Automotive
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Risk and Compliance
Investment
Project Management
Administrative
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Director
Business Development Manager
Project Manager
Chief Technology Officer
Research Director
Finance Director
Operations Manager
Procurement Manager
Investment Manager
Chief Information Officer
Contract Manager
Risk Manager
Compliance Officer
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