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Client Disclosure Agreement

Client Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

Client Disclosure Agreement

"I need a Client Disclosure Agreement under Austrian law for my consulting firm that will handle sensitive financial data for clients across the EU, with specific GDPR compliance measures and provisions for cross-border data transfers, to be implemented by March 2025."

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Document background
The Client Disclosure Agreement is essential for business relationships where confidential information needs to be shared between parties under Austrian jurisdiction. This document becomes necessary when professional services providers, consultants, or businesses need to handle sensitive client information in compliance with Austrian law. The agreement addresses requirements under the Austrian Civil Code (ABGB), Data Protection Act (DSG), and EU GDPR, making it suitable for both domestic and international business relationships involving Austrian entities. It typically includes provisions for data handling, security measures, permitted disclosures, and compliance requirements, while considering specific Austrian legal frameworks for professional confidentiality and business relationships. The Client Disclosure Agreement is particularly important in regulated industries or when dealing with sensitive personal or business information that requires strict confidentiality measures.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and registered addresses

2. Background: Context of the disclosure relationship and purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and when required by law

7. Data Protection and GDPR Compliance: Specific provisions relating to personal data handling and GDPR compliance requirements

8. Security Measures: Required security measures for protecting confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution details

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP rights in confidential information, used when the disclosed information includes IP-sensitive material

2. Non-Solicitation: Provisions preventing solicitation of employees or clients, included when there's a risk of talent or client poaching

3. Audit Rights: Rights to audit compliance with the agreement, useful for highly sensitive information or regulated industries

4. Insurance Requirements: Specific insurance requirements for handling confidential information, relevant for high-value or sensitive data

5. Dispute Resolution: Alternative dispute resolution procedures, useful for international relationships or when specific arbitration is preferred

6. Force Majeure: Provisions for unforeseen circumstances, relevant when long-term storage or handling of information is involved

7. Assignment and Succession: Rules regarding transfer of obligations, important for corporate clients or long-term agreements

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list 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

4. Schedule 4 - Data Processing Requirements: Detailed GDPR and data protection compliance requirements and procedures

5. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement

6. Appendix B - Technical Safeguards: Technical specifications for data security and handling procedures

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 Industries

Financial Services

Legal Services

Information Technology

Healthcare

Professional Services

Manufacturing

Consulting

Banking

Insurance

Telecommunications

Pharmaceuticals

Real Estate

Energy

Education

Relevant Teams

Legal

Compliance

Data Protection

Business Development

Account Management

Project Management

Human Resources

Information Security

Risk Management

Contract Administration

Finance

Operations

Client Relations

Relevant Roles

Legal Counsel

Compliance Officer

Data Protection Officer

Chief Privacy Officer

Business Development Manager

Account Manager

Project Manager

HR Director

IT Security Manager

Risk Manager

Contract Administrator

Chief Financial Officer

Management Consultant

Client Relations Manager

Operations Director

Industries
EU General Data Protection Regulation (GDPR): Fundamental EU-wide regulation that governs data protection and privacy, directly applicable in Austria. Essential for defining how client information can be processed, stored, and disclosed.
Austrian Data Protection Act (Datenschutzgesetz - DSG): National implementation of data protection laws, complementing GDPR and providing specific Austrian requirements for data handling and protection.
Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB): Provides the fundamental framework for contract law, including provisions on formation, validity, and interpretation of contracts.
Austrian Commercial Code (Unternehmensgesetzbuch - UGB): Governs commercial relationships and transactions between businesses, including provisions on confidentiality in business relationships.
Austrian Consumer Protection Act (Konsumentenschutzgesetz - KSchG): Relevant if one party is a consumer, providing additional protection and requirements for disclosure agreements with consumers.
Trade Secrets Act (Geschäftsgeheimnisgesetz - GeschGehG): Implements EU Trade Secrets Directive and provides framework for protecting confidential business information and trade secrets.
Austrian Professional Ethics Laws: Various professional regulations that may apply depending on the industry (e.g., banking, legal, medical) governing professional secrecy and client confidentiality.
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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