This Government Non-Disclosure Agreement is essential for Austrian government entities when engaging with external parties who need access to confidential government information. It is particularly relevant when government bodies share sensitive data, classified information, or official secrets with contractors, consultants, or other third parties. The document ensures compliance with Austrian federal legislation, including the Information Security Act and Federal Data Protection Act, while also addressing EU GDPR requirements. It should be used whenever external parties require access to government confidential information, whether for project work, consultancy, research, or other official purposes. The agreement includes specific provisions for different security classification levels and detailed procedures for handling sensitive government information.
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1. Parties: Identification of the government entity and the receiving party, including full legal names and addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions including 'Confidential Information', 'Official Secrets', 'Classified Information', and other key terms
4. Scope of Confidentiality: Detailed description of what information is considered confidential and its classification levels
5. Obligations of Receiving Party: Specific duties regarding handling of confidential information and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
7. Data Protection Compliance: Specific provisions ensuring compliance with GDPR and Austrian Data Protection Act
8. Security Measures: Required physical, technical, and organizational security measures
9. Return or Destruction of Information: Procedures for handling confidential information upon termination
10. Duration and Termination: Term of the agreement and termination provisions
11. Breach and Consequences: Consequences of breach, including criminal penalties under Austrian law
12. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. International Transfer of Data: Required when confidential information may be transferred outside Austria or the EU
2. Subcontractor Provisions: Required when the receiving party may need to engage subcontractors
3. Specific Project References: When the NDA relates to a specific government project or tender
4. Intellectual Property Rights: When confidential information includes government-owned IP
5. Special Security Clearance Requirements: When access to classified information requires specific security clearances
6. Audit Rights: When the government requires rights to audit compliance
7. Insurance Requirements: When specific insurance coverage is required for handling sensitive information
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Security Classification Levels: Detailed description of applicable security classification levels and handling requirements
3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the confidential information
4. Schedule 4 - Security Protocols: Detailed security procedures and protocols
5. Schedule 5 - Data Processing Agreement: Required when personal data processing is involved, to comply with GDPR
6. Appendix A - Contact Points: List of official contact points for both parties
7. Appendix B - Incident Reporting Procedures: Procedures for reporting security incidents or breaches
Relevant legal definitions
Clauses
Relevant Industries
Public Administration
Defense
Healthcare
Education
Infrastructure
Technology
Financial Services
Transportation
Energy
Environmental Services
Telecommunications
Research and Development
Construction
Professional Services
Security Services
Relevant Teams
Legal
Compliance
Information Security
Data Protection
Procurement
Government Relations
Risk Management
IT Operations
Research and Development
Project Management
External Affairs
Contracts Administration
Corporate Security
Relevant Roles
Government Official
Project Manager
Legal Counsel
Security Officer
Data Protection Officer
Procurement Manager
IT Director
Research Director
Consultant
Contractor
Systems Administrator
Chief Information Security Officer
Compliance Officer
External Auditor
Department Head
Project Coordinator
Technical Specialist
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