This Indefinite NDA is designed for situations requiring long-term protection of confidential information under Austrian law. It is particularly suitable for ongoing business relationships, strategic partnerships, and situations where the confidential information maintains its value indefinitely. The agreement addresses various types of confidential information including trade secrets, proprietary technology, business methods, and customer data. It incorporates key provisions required under Austrian law, including the ABGB and UWG, while ensuring compliance with EU regulations such as GDPR. This document type is essential for businesses seeking to protect their intellectual property and confidential information without a predetermined expiration date, while maintaining enforceability under Austrian jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Comprehensive definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and explicit exclusions
5. Confidentiality Obligations: Core obligations regarding use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required procedures and standards for protecting confidential information
8. Return or Destruction: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Specification of indefinite duration and surviving obligations
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Data Protection: Required when confidential information includes personal data subject to GDPR or Austrian Data Protection Act
2. Intellectual Property: Include when confidential information involves IP rights or when development of new IP is contemplated
3. Non-Solicitation: Add when parties wish to prevent solicitation of employees or customers
4. Export Control: Include when information may be subject to export control regulations
5. Competition Law Compliance: Required when parties are competitors or in regulated industries
6. Assignment and Succession: Include when transfer of rights needs to be specifically regulated or restricted
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Consumer Goods
Industrial Products
Education
Media & Entertainment
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research & Development
Information Technology
Human Resources
Finance
Operations
Procurement
Information Security
Intellectual Property
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Intellectual Property Manager
Information Security Officer
Compliance Officer
Contract Manager
Strategic Partnership Director
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