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Confidentiality Agreement

Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Confidentiality Agreement

"I need a Confidentiality Agreement under Austrian law for a potential joint venture between my tech startup and an established manufacturing company, with special emphasis on protecting our proprietary software algorithms and implementation by March 2025."

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Document background
This Confidentiality Agreement is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during commercial relationships, negotiations, or business discussions. The agreement is specifically structured to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB) and Trade Secrets Act, while also incorporating EU-wide regulations such as GDPR where applicable. It is commonly used before entering into detailed business discussions, during due diligence processes, or when sharing sensitive technical, financial, or commercial information. The document provides comprehensive protection for confidential information, including trade secrets, proprietary technology, business strategies, and personal data, while ensuring enforceability under Austrian law.
Suggested Sections

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

2. Background: Context of the agreement and the purpose for sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Authorized Recipients'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses

6. Authorized Disclosures: Circumstances under which confidential information may be disclosed to third parties

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

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

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

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

11. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved

2. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors

3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP

4. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship

5. Remedies and Injunctive Relief: Specific remedies available in case of breach, including right to seek injunctive relief

6. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches

7. Export Control: Required for international transfers of technical data or when dealing with regulated industries

Suggested Schedules

1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list or categories of confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Data Processing Requirements: Specific data processing requirements if personal data is involved (GDPR compliance)

5. Schedule 5 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Retail

Education

Media & Entertainment

Construction

Automotive

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research & Development

Information Technology

Finance

Operations

Procurement

Compliance

Corporate Strategy

Mergers & Acquisitions

Product Development

Innovation

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Human Resources Director

Chief Technology Officer

Chief Financial Officer

Investment Manager

Procurement Manager

Operations Director

Innovation Manager

Strategic Partnership Manager

Compliance Officer

Industries
Austrian Civil Code (ABGB): Provides the fundamental legal framework for contracts, including formation, validity, and enforcement of agreements. Sections 859-937 specifically deal with contract law principles.
Austrian Trade Secrets Act (UWG-Novelle 2018): Implements the EU Trade Secrets Directive and provides specific protection for trade secrets and confidential business information.
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and must be considered if the confidential information includes personal data.
Austrian Data Protection Act (DSG): National implementation of GDPR principles and additional data protection requirements specific to Austria.
Austrian Unfair Competition Act (UWG): Provides protection against unfair business practices, including misuse of confidential information in competitive contexts.
Austrian Labor Law (Arbeitsrecht): Relevant if the NDA is related to employment relationships, covering employee confidentiality obligations and restrictions.
EU Directive 2016/943: European Union directive on the protection of trade secrets, which has been implemented in Austrian law but may be relevant for interpretation.
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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