The Non-Disclosure Agreement For Startups is essential for Austrian startups engaging in various business relationships where confidential information needs to be shared. This document is particularly crucial during fundraising, partnership discussions, employee onboarding, and product development phases. The agreement is drafted under Austrian law and incorporates EU regulations, including GDPR compliance and trade secrets protection. It covers various types of confidential information typical in the startup context, such as business plans, technical specifications, source code, customer data, and proprietary methodologies. The document is structured to be both comprehensive in protection and flexible enough to accommodate the dynamic nature of startup operations, whether dealing with investors, potential partners, employees, or service providers.
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1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the NDA, purpose of sharing confidential information, and nature of the potential business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including explicit categories relevant to startups (e.g., technical information, business plans, source code)
5. Obligations of Receiving Party: Core confidentiality obligations, standard of care, and security measures required
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives, advisors, or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions protecting IP rights, particularly relevant when sharing technical information or software
2. Data Protection Compliance: Specific GDPR compliance provisions when personal data may be involved
3. Non-Solicitation: Restrictions on soliciting employees or customers, often needed in competitive situations
4. Residual Knowledge: Provisions addressing use of non-confidential knowledge retained in memory, important for technical discussions
5. Investment Disclaimer: Clarification that sharing information does not constitute a commitment to invest or partner
6. Non-Circumvention: Prevents direct contact with disclosed business relationships or customers
7. Representatives Compliance: Additional provisions ensuring compliance by employees and representatives
8. Export Control: Needed when dealing with technical information that may be subject to export controls
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose and scope of information sharing
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for handling confidential information
4. Schedule 4 - Types of Confidential Information: Detailed categorization of confidential information specific to the startup's context
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Biotechnology
Fintech
E-commerce
Clean Technology
Healthcare Technology
Artificial Intelligence
IoT (Internet of Things)
Digital Media
Cybersecurity
Manufacturing
Renewable Energy
Consumer Electronics
SaaS (Software as a Service)
Mobile Applications
Deep Tech
AgTech
EdTech
MedTech
Relevant Teams
Legal
Executive Leadership
Human Resources
Business Development
Product Development
Research and Development
Operations
Finance
Information Technology
Compliance
Investment Relations
Partnerships
Innovation
Intellectual Property
Security
Relevant Roles
CEO
Founder
Co-Founder
CTO
CFO
Legal Counsel
Business Development Manager
Product Manager
Technical Lead
HR Manager
Investment Manager
Venture Capital Associate
Angel Investor
Board Member
Innovation Director
Research & Development Lead
Operations Manager
Strategic Partnership Manager
Compliance Officer
Intellectual Property Manager
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