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Non Compete Agreement For Contractors for Austria

Non Compete Agreement For Contractors Template for Austria

A Non-Compete Agreement for Contractors under Austrian law that establishes post-contractual restrictions on competitive activities. The agreement complies with Austrian Civil Code (ABGB) requirements and competition laws, including specific provisions regarding temporal and geographical limitations as mandated by Austrian legislation. It details the scope of restricted activities, consideration provided, and enforcement mechanisms while ensuring compliance with both Austrian federal law and EU competition regulations. The document includes provisions for protecting confidential information and trade secrets, with specific attention to Austrian data protection requirements and reasonable restrictions as defined by Austrian courts.

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Non Compete Agreement For Contractors

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What is a Non Compete Agreement For Contractors?

The Non-Compete Agreement For Contractors is essential for businesses operating in Austria who engage independent contractors in positions involving access to sensitive information, trade secrets, or valuable client relationships. This document is designed to protect legitimate business interests while remaining enforceable under Austrian law, which requires careful balance of employer protections and contractor rights. It is particularly relevant when contractors have access to proprietary information, client databases, or specialized knowledge that could provide competitive advantage if used by competitors. The agreement must comply with Austrian Civil Code (ABGB) requirements regarding reasonable restrictions in terms of duration, geographic scope, and business activities. It includes specific consideration provisions as required under Austrian law to ensure enforceability, and addresses both direct competition and indirect competitive activities through detailed scope definitions.

What sections should be included in a Non Compete Agreement For Contractors?

1. Parties: Identification of the contracting parties - the company and the contractor, including full legal names and addresses

2. Background: Context of the agreement, nature of the contractor relationship, and reason for the non-compete provisions

3. Definitions: Key terms used throughout the agreement, including 'Competitive Activity', 'Confidential Information', 'Territory', and 'Restricted Period'

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and specific limitations

5. Duration: Time period for which the non-compete obligations will remain in effect

6. Geographic Limitations: Specific geographic areas where the non-compete restrictions apply

7. Consideration: Compensation or benefit provided to the contractor in exchange for the non-compete obligations

8. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information

9. Acknowledgments: Contractor's confirmation of the reasonableness of restrictions and receipt of consideration

10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages

11. Severability: Provisions ensuring survival of agreement if certain parts are found unenforceable

12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

What sections are optional to include in a Non Compete Agreement For Contractors?

1. Non-Solicitation: Additional restrictions on soliciting clients or employees, used when contractor has significant client or employee contact

2. Assignment Rights: Terms regarding the ability to transfer agreement rights, included when company may undergo corporate restructuring

3. Garden Leave: Provisions for paid non-compete period, used in high-level contractor relationships

4. Training and Trade Secrets: Specific provisions regarding specialized training or trade secrets, included when contractor receives significant proprietary knowledge

5. Post-Termination Cooperation: Terms for cooperation after contract ends, used when handover of work or clients may be needed

6. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative to court proceedings

What schedules should be included in a Non Compete Agreement For Contractors?

1. Schedule A - Restricted Territory: Detailed map or list of geographic areas covered by non-compete restrictions

2. Schedule B - Competitive Business Activities: Comprehensive list of specific activities, companies, or business types considered competitive

3. Schedule C - Consideration Details: Breakdown of compensation or benefits provided in exchange for non-compete obligations

4. Appendix 1 - Confidential Information Categories: Detailed classification of information considered confidential under the agreement

5. Appendix 2 - Client List: List of specific clients covered by non-solicitation provisions (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses























Relevant Industries

Information Technology

Professional Services

Management Consulting

Healthcare

Financial Services

Engineering

Research and Development

Manufacturing

Telecommunications

Biotechnology

Digital Media

Software Development

Relevant Teams

Legal

Human Resources

Procurement

Compliance

Operations

Information Security

Risk Management

Business Development

Project Management Office

Research & Development

Relevant Roles

Independent Consultant

Project Manager

Technical Specialist

Business Analyst

Software Developer

Management Consultant

Research Scientist

Sales Representative

Product Manager

Engineering Contractor

Financial Advisor

IT Consultant

Marketing Specialist

Healthcare Consultant

Systems Architect

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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