This NDA and Confidentiality Agreement is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during business negotiations, partnerships, or commercial relationships. The document is particularly relevant when parties need to share trade secrets, technical specifications, business plans, or other confidential information while ensuring legal protection under Austrian law. It incorporates provisions from the Austrian Trade Secrets Act (UWG-neu) and considers EU GDPR requirements when personal data is involved. The agreement is commonly used in business transactions, due diligence processes, joint ventures, and service provider relationships where confidential information exchange is necessary. It provides clear obligations for information handling, security measures, and consequences of breach, all within the framework of Austrian legal requirements.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized personnel and when required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies under Austrian law
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate provisions including severability, amendments, and notices
1. Data Protection Compliance: Additional section when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Specific provisions when the receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Additional provisions when confidential information includes IP-protected materials
4. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
5. Export Control: Required when confidential information is subject to export control regulations
6. Reverse Engineering Prohibition: Specific prohibition against reverse engineering when relevant to technical information
7. Residual Knowledge: Optional clause addressing use of residual knowledge retained in memory
8. Competition Restrictions: Additional restrictions on competitive activities, if applicable
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 authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information
4. Schedule 4 - Approved Subcontractors: If applicable, list of approved subcontractors who may access confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or contractors
6. Appendix B - Data Processing Terms: Specific terms for GDPR compliance if personal data is involved
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Pharmaceuticals
Biotechnology
Software Development
Industrial Engineering
Consulting
Energy
Telecommunications
Real Estate
Education
Relevant Teams
Legal
Executive Leadership
Human Resources
Research and Development
Information Technology
Finance
Business Development
Operations
Procurement
Compliance
Innovation
Product Development
Corporate Strategy
Information Security
Risk Management
Relevant Roles
Chief Executive Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Research Director
Human Resources Director
Chief Financial Officer
Procurement Manager
Investment Manager
Operations Director
Technical Consultant
Product Manager
Compliance Officer
Innovation Manager
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