This Non-Disclosure Agreement For Subcontractor is essential when engaging subcontractors who will have access to sensitive business information, trade secrets, or personal data in Austria. The document is structured to comply with Austrian civil law, the Austrian Trade Secret Protection Act, and EU GDPR requirements, making it suitable for both domestic and international business relationships. It should be used before sharing any confidential information with subcontractors and includes comprehensive provisions for information protection, permitted uses, security measures, and breach remedies. The agreement is particularly relevant in today's business environment where subcontracting is common and data protection is paramount, especially given Austria's strict privacy and trade secret protection requirements.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses
2. Background: Context of the subcontractor relationship and purpose of the NDA
3. Definitions: Definitions of key terms including Confidential Information, Trade Secrets, Permitted Purpose, and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the extent of protection
5. Confidentiality Obligations: Core obligations regarding the handling, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Protection Compliance: Obligations regarding personal data handling under GDPR and Austrian DSG
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
10. Duration and Survival: Term of the agreement and survival of obligations after termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Additional provisions regarding IP rights when the subcontractor may create or access IP-protected materials
2. Non-Competition: Restrictions on competitive activities, if applicable and compliant with Austrian competition law
3. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
4. Audit Rights: Right to audit subcontractor's compliance with confidentiality obligations, useful for high-security requirements
5. Insurance Requirements: Obligations to maintain specific insurance coverage for data breaches or confidentiality breaches
6. Assignment and Succession: Rules regarding transfer of rights and obligations, important for corporate subcontractors
7. Subcontractor Personnel: Specific requirements for subcontractor's employees and their confidentiality obligations
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: Detailed security measures and protocols for handling confidential information
4. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
5. Appendix B - Information Return/Destruction Protocol: Specific procedures for returning or destroying confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Construction
Manufacturing
Professional Services
Healthcare
Financial Services
Telecommunications
Research and Development
Engineering
Consulting
Defense
Energy
Automotive
Pharmaceuticals
Relevant Teams
Legal
Procurement
Operations
Human Resources
Information Security
Compliance
Risk Management
Supply Chain
Project Management
Business Development
Information Technology
Research & Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Operations Director
Human Resources Director
Information Security Officer
Data Protection Officer
Compliance Manager
Risk Manager
Supply Chain Manager
Technical Director
Department Head
Business Development Manager
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