This Confidential Disclosure Agreement (CDA) template is designed for use under Austrian law when parties need to share sensitive information while ensuring its confidentiality. It's particularly relevant for business negotiations, due diligence processes, joint ventures, or any situation where proprietary information needs to be disclosed to another party. The document incorporates requirements from Austrian civil law, the EU Trade Secrets Directive as implemented in Austria, and where applicable, GDPR compliance measures. It protects various types of confidential information including trade secrets, technical know-how, business strategies, customer data, and intellectual property. The agreement is structured to provide comprehensive protection while remaining flexible enough to accommodate specific business needs and circumstances.
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1. Parties: Identification and details of the disclosing and receiving parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, purpose of sharing confidential information, and the business relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
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 representatives and as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
10. Entire Agreement: Confirmation that this agreement represents the entire understanding between parties regarding confidential information
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Employee and Representative Obligations: Additional provisions when confidential information will be shared with employees or representatives
3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material
4. Security Measures: Specific technical and organizational measures required for protecting confidential information
5. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
6. Specific Project Requirements: Additional provisions related to specific projects or business opportunities
7. Competition Restrictions: Non-compete provisions, if applicable under Austrian law and relevant to the relationship
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Representative Undertaking: Template for confidentiality undertaking to be signed by representatives
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