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Business Collaboration Agreement

Business Collaboration Agreement Template for Austria

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Key Requirements PROMPT example:

Business Collaboration Agreement

"I need a Business Collaboration Agreement for a joint software development project between my Austrian tech company and a German research institute, starting March 2025, with specific provisions for IP sharing and data protection compliance."

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Document background
The Business Collaboration Agreement serves as a fundamental legal framework for organizations seeking to formalize their cooperative business relationships under Austrian law. This document is essential when two or more entities wish to work together while maintaining their separate legal identities, whether for specific projects, ongoing business activities, or strategic partnerships. It addresses key aspects required by Austrian commercial law and EU regulations, including data protection (GDPR), competition law compliance, and intellectual property rights. The agreement is particularly valuable for cross-border collaborations involving Austrian entities or operations, providing clear guidelines for governance, risk allocation, and dispute resolution while ensuring compliance with both Austrian and EU legal requirements.
Suggested Sections

1. Parties: Identification and details of the collaborating parties, including registered addresses and company registration numbers

2. Background: Context of the collaboration, including the parties' business activities and reasons for collaboration

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement

4. Scope of Collaboration: Detailed description of the collaboration activities, objectives, and expected outcomes

5. Duration and Term: Period of the collaboration, including start date, term, and renewal provisions

6. Roles and Responsibilities: Specific duties and obligations of each party in the collaboration

7. Financial Arrangements: Financial terms, including cost sharing, revenue sharing, and payment terms

8. Intellectual Property Rights: Ownership and usage rights of existing and newly created intellectual property

9. Confidentiality: Protection of confidential information exchanged during the collaboration

10. Data Protection: Compliance with GDPR and Austrian data protection laws

11. Liability and Indemnification: Allocation of risks and responsibilities for damages

12. Force Majeure: Provisions for handling events beyond parties' reasonable control

13. Termination: Grounds and procedures for ending the collaboration

14. Post-Termination Obligations: Obligations that survive the end of the agreement

15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

16. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when parties operate in similar markets

2. Personnel Exchange: Terms for exchanging employees or secondments, when applicable

3. Quality Standards: Specific quality requirements and standards, important for product-related collaborations

4. Marketing and Branding: Rules for using each other's brands and marketing the collaboration

5. Insurance Requirements: Specific insurance obligations, important for high-risk collaborations

6. Dispute Resolution: Alternative dispute resolution procedures, such as mediation before litigation

7. Compliance with Industry Regulations: Specific regulatory compliance requirements for regulated industries

8. Environmental Standards: Environmental commitments and standards, important for manufacturing or resource-intensive collaborations

Suggested Schedules

1. Schedule 1 - Project Plan: Detailed timeline and milestones for the collaboration activities

2. Schedule 2 - Financial Terms: Detailed breakdown of financial arrangements, pricing, and payment schedules

3. Schedule 3 - Technical Specifications: Technical requirements and specifications for the collaboration

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Schedule 5 - Key Personnel: List of key personnel involved in the collaboration from each party

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors and their roles

7. Appendix A - Data Processing Agreement: Detailed terms for handling personal and business data

8. Appendix B - Insurance Requirements: Specific insurance coverage requirements and minimum limits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Background IP
Business Day
Collaboration
Collaboration Period
Commencement Date
Confidential Information
Collaboration Objectives
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Foreground IP
GDPR
Intellectual Property Rights
Key Personnel
Material Breach
Milestones
Notice
Parties
Personal Data
Project
Project Plan
Representatives
Services
Shared Information
Success Criteria
Term
Territory
Third Party
Working Hours
Project Manager
Steering Committee
Collaboration Assets
Revenue Share
Costs
Quality Standards
Compliance Requirements
Project Schedule
Authorized Representatives
Dispute
Governing Law
Jurisdiction
Clauses
Interpretation and Definitions
Duration and Term
Scope of Collaboration
Roles and Responsibilities
Financial Provisions
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
GDPR Compliance
Performance Obligations
Quality Standards
Reporting Requirements
Governance
Project Management
Personnel
Warranties and Representations
Indemnification
Limitation of Liability
Insurance
Force Majeure
Change Control
Dispute Resolution
Termination Rights
Exit Provisions
Non-Competition
Non-Solicitation
Assignment and Subcontracting
Notices
Amendments
Severability
Entire Agreement
Governing Law
Third Party Rights
Costs and Expenses
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Business Continuity
Environmental Compliance
Relevant Industries

Information Technology

Manufacturing

Professional Services

Research and Development

Healthcare

Financial Services

Retail and E-commerce

Telecommunications

Biotechnology

Energy and Utilities

Education

Transportation and Logistics

Media and Entertainment

Construction

Real Estate

Relevant Teams

Legal

Business Development

Operations

Commercial

Compliance

Risk Management

Finance

Project Management

Strategy

Procurement

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Chief Operating Officer

Legal Counsel

Business Development Manager

Contract Manager

Project Manager

Commercial Director

Partnership Manager

Risk Manager

Compliance Officer

Operations Director

Managing Director

General Counsel

Strategic Alliance Manager

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Fundamental law governing contracts, including formation, validity, performance, and termination of contractual relationships
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Regulates commercial transactions and business relationships between entrepreneurs, including specific provisions for business contracts
Austrian Cartel Act (KartG - Kartellgesetz): Ensures the collaboration doesn't violate competition law and regulates permissible forms of business cooperation
Austrian Data Protection Act (DSG - Datenschutzgesetz): Governs the handling of personal and business data, complementing GDPR requirements for data protection in business relationships
EU General Data Protection Regulation (GDPR): European-wide regulation for data protection and privacy, relevant for any data sharing aspects of the collaboration
Austrian Act Against Unfair Competition (UWG - Bundesgesetz gegen den unlauteren Wettbewerb): Ensures fair business practices and protects against unfair competition in collaborative business relationships
Austrian Patent Act (PatG - Patentgesetz): Protects intellectual property rights that may be shared or created during the business collaboration
Austrian Copyright Act (UrhG - Urheberrechtsgesetz): Governs the protection of creative works and intellectual property in business relationships
Austrian Limited Liability Companies Act (GmbHG - GmbH-Gesetz): Relevant if the collaboration involves limited liability companies or creates new business entities
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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An Austrian law-governed agreement establishing terms for technical cooperation between parties, including IP rights, confidentiality, and project delivery framework.

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