This Standard NDA is designed for use under Austrian law when parties need to exchange confidential information in various business contexts, such as commercial negotiations, due diligence processes, or potential business partnerships. The document incorporates essential provisions required by Austrian legislation, including the Austrian Civil Code (ABGB) and Trade Secrets Act (UWG), while also accounting for relevant EU regulations where applicable. It is structured to provide robust protection for confidential information while maintaining flexibility for different business scenarios. The Standard NDA includes comprehensive definitions of confidential information, clear obligations for information handling, and specific provisions for enforcement under Austrian jurisdiction. This template is particularly suitable for both domestic Austrian transactions and international business relationships where Austrian law is chosen as the governing law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
4. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and permitted uses of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients
6. Security Measures: Required measures for protecting and securing confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and surviving obligations
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR
2. Intellectual Property: Specific provisions regarding IP rights when confidential information includes patentable or copyrightable material
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Compliance with export control laws when information may be subject to international transfer restrictions
5. Competitive Activity: Restrictions on competitive activities, ensuring compliance with Austrian competition law
6. Residual Knowledge: Provisions addressing use of general knowledge and experience retained by recipients
7. Assignment and Succession: Terms for transferring rights and obligations under the NDA, if permitted
1. Schedule 1 - Specified Confidential Information: Detailed description 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: Specific security measures and protocols required for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Research & Development
Biotechnology
Real Estate
Energy
Telecommunications
Retail
Construction
Education
Media & Entertainment
Automotive
Relevant Teams
Legal
Human Resources
Business Development
Research and Development
Executive Leadership
Procurement
Information Technology
Finance
Operations
Product Development
Partnership Management
Innovation
Investment
Compliance
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Procurement Manager
Investment Manager
Operations Director
Chief Financial Officer
Consultant
Partnership Manager
Innovation Manager
Product Development Manager
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