The Consultant Confidentiality Agreement is essential for businesses operating in Austria that engage external consultants or professional advisors who require access to confidential information. This document is specifically structured to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB), Commercial Code (UGB), and Trade Secrets Act, while also adhering to EU regulations such as GDPR. It should be used whenever a company plans to share sensitive business information, trade secrets, strategic plans, or other confidential data with external consultants. The agreement provides comprehensive protection through clearly defined confidentiality obligations, security measures, and enforcement mechanisms that are enforceable under Austrian law.
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1. Parties: Identification of the disclosing party (company) and the receiving party (consultant), including full legal names and addresses
2. Background: Context of the consulting relationship and purpose of the confidentiality agreement
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted use of confidential information
6. Security Measures: Specific measures required to protect confidential information, including physical, electronic, and procedural safeguards
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific GDPR and DSG compliance provisions, required when confidential information includes personal data
2. Intellectual Property Rights: Provisions regarding IP ownership and licenses, needed when consulting work may involve IP creation
3. Non-Competition: Restrictions on competitive activities, appropriate when consultant works with sensitive market information
4. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for consultants with access to client/employee information
5. Audit Rights: Right to audit consultant's compliance with security measures, useful for highly sensitive information
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk consulting activities
7. Third Party Rights: Provisions regarding rights of third parties whose confidential information may be involved
8. Separate Undertaking: Additional undertakings for individual employees/subcontractors of the consultant
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific security protocols and measures required for protecting confidential information
3. Schedule 3 - Approved Recipients: List of individuals or roles authorized to access confidential information
4. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
5. Appendix B - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by consultant's team members
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Energy
Real Estate
Retail
Education
Biotechnology
Automotive
Construction
Media and Entertainment
Pharmaceuticals
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Finance
Operations
Research and Development
Strategy
Marketing
Business Development
Risk Management
Compliance
Executive Leadership
Relevant Roles
Management Consultant
IT Consultant
Strategy Consultant
Financial Advisor
Business Analyst
Technical Consultant
HR Consultant
Marketing Consultant
Environmental Consultant
Operations Consultant
Legal Consultant
Digital Transformation Consultant
Project Manager
Change Management Consultant
Risk Management Consultant
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