This Mutual Confidentiality Agreement template is designed for use under Austrian law when two or more parties need to share sensitive business information while ensuring legal protection. The agreement is particularly relevant for business negotiations, due diligence processes, joint ventures, or any situation requiring the exchange of confidential information. It incorporates specific provisions required under Austrian legislation, including the Trade Secrets Act and data protection regulations, while providing comprehensive protection for trade secrets, technical know-how, and other proprietary information. The document is structured to be compliant with Austrian legal requirements for enforcement and includes specific security measures and handling procedures for confidential information.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional section required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Additional provisions when confidential information will be shared with employees or contractors
3. Intellectual Property Rights: Section needed when confidential information includes or relates to intellectual property
4. Export Control: Required when confidential information may be subject to export control regulations
5. Insurance Requirements: Optional section specifying required insurance coverage for data breaches or confidentiality breaches
6. Audit Rights: Optional provisions allowing parties to audit compliance with confidentiality obligations
7. Force Majeure: Optional clause addressing circumstances beyond parties' control affecting confidentiality obligations
1. Schedule 1 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures required for protecting confidential information
3. Schedule 3 - Data Processing Terms: Required when personal data is involved, detailing GDPR-compliant processing terms
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or contractors who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Automotive
Consumer Goods
Education
Construction
Media & Entertainment
Relevant Teams
Legal
Business Development
Executive Leadership
Research & Development
Procurement
Human Resources
Information Technology
Finance
Operations
Compliance
Corporate Development
Strategic Planning
Innovation
Project Management
Investment
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Procurement Manager
Human Resources Director
Innovation Manager
Strategic Partnerships Manager
Investment Director
Operations Manager
Compliance Officer
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