This Basic Confidentiality Agreement template is essential for businesses and individuals operating under Austrian law who need to protect sensitive information during business discussions or collaborations. It serves as a foundational document for establishing confidentiality obligations before sharing proprietary information, trade secrets, or other sensitive data. The agreement incorporates key requirements from Austrian legislation, including the Trade Secrets Act (Geschäftsgeheimnis-Gesetz) and relevant EU regulations such as GDPR. It's particularly useful in early-stage business discussions, potential partnerships, service provider relationships, or any situation where confidential information needs to be shared with a third party. The document provides clear definitions of confidential information, usage restrictions, and enforcement mechanisms while remaining adaptable to various business contexts.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Brief context of why the agreement is being entered into and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Necessary when dealing with information subject to export control regulations
5. Publicity: Restrictions on public announcements about the relationship
6. Insurance: Requirements for insurance coverage, particularly relevant for high-value confidential information
7. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations to third parties
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
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 protecting the confidential information
4. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
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