This Non Disclosure Agreement IT Services template is specifically designed for use in Austria when establishing confidential information protection frameworks between IT service providers and their clients. The document is particularly relevant when parties need to exchange sensitive technical information, business data, trade secrets, or personal data in the context of IT service delivery. It incorporates requirements from Austrian data protection laws, the GDPR, and Austrian commercial regulations, making it suitable for both domestic and international business relationships involving Austrian entities. The agreement is structured to protect both traditional confidential information and digital assets, including source code, technical specifications, and client data. This template should be used before commencing any IT service engagement where confidential information will be shared, whether for project evaluation, service delivery, or ongoing maintenance and support.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the IT services relationship and purpose of the NDA
3. Definitions: Detailed definitions including Confidential Information, IT Services, Authorized Purpose, Representatives, etc.
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT services context
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized representatives
7. Data 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 Survival: Duration of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, etc.
1. Personal Data Processing: Required when confidential information includes personal data, addressing GDPR compliance
2. International Transfer Provisions: Required when confidential information may be transferred outside Austria/EU
3. Source Code Protection: Specific provisions for protecting software source code and technical documentation
4. Contractor and Subcontractor Obligations: Required when third-party contractors may have access to confidential information
5. Audit Rights: Provisions allowing audit of security measures and compliance
6. Insurance Requirements: Specific insurance obligations for data breach coverage
7. Competition Restrictions: Non-compete provisions if relevant to the IT services relationship
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
5. Appendix A - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Insurance
Banking
E-commerce
Automotive
Pharmaceuticals
Energy
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Project Management
Operations
Software Development
Data Protection
Contract Administration
Business Development
Enterprise Architecture
Technical Support
Relevant Roles
Chief Information Officer
IT Director
Project Manager
Software Developer
Systems Architect
Information Security Officer
Legal Counsel
Procurement Manager
Technology Consultant
Business Analyst
Solutions Architect
Data Protection Officer
IT Operations Manager
Contract Manager
Technical Lead
Chief Technology Officer
Compliance Officer
IT Service Manager
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