This One Way NDA is designed for use under Austrian law when one party (the Disclosing Party) needs to share confidential information with another party (the Receiving Party) while maintaining strict control over its use and dissemination. The document is particularly relevant for business negotiations, potential partnerships, service provider engagements, or consultant relationships where proprietary information, trade secrets, or sensitive business data needs to be shared. It incorporates provisions from the Austrian Trade Secrets Act and relevant EU directives, ensuring comprehensive protection of confidential information while maintaining compliance with Austrian legal requirements. The agreement is structured to provide clear obligations, specific security measures, and robust remedies in case of breach, making it suitable for both domestic Austrian transactions and international business relationships governed by Austrian law.
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1. Parties: Identification of the Disclosing Party and Receiving Party with full legal names and addresses
2. Background: Context of the disclosure relationship and purpose of the NDA
3. Definitions: Definitions of key terms including 'Confidential Information', 'Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the Receiving Party regarding the handling and protection of confidential information
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose confidential information to authorized representatives
7. Security Measures: Specific measures required 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 Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when confidential information includes IP rights or when ownership of developments needs to be addressed
2. Data Protection Compliance: Include when confidential information includes personal data subject to GDPR/DSG
3. Export Control: Include when confidential information may be subject to export control regulations
4. Non-Solicitation: Include when there's a need to prevent poaching of employees or customers
5. Survival: Include when specific obligations need to survive termination
6. Assignment: Include when transfer of rights needs to be specifically restricted
7. Corporate Group Disclosure: Include when Receiving Party needs to share information within its corporate group
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 receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Retail
Education
Construction
Automotive
Pharmaceutical
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Executive Leadership
Procurement
Human Resources
Finance
Operations
Information Technology
Product Development
Investment
Risk Management
Corporate Development
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Innovation Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Compliance Officer
Contract Manager
Investment Manager
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