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Confidentiality Agreement Data Protection

Confidentiality Agreement Data Protection Template for Austria

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

"I need a Confidentiality Agreement Data Protection for my software development company based in Vienna, as we're hiring an external cloud service provider starting March 2025 who will have access to our client database and process customer personal data."

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Document background
This Confidentiality Agreement Data Protection is designed for use in situations where parties need to share both confidential business information and personal data under Austrian jurisdiction. The agreement is particularly relevant when businesses engage with external parties who will have access to sensitive information and need to process personal data in compliance with the GDPR and Austrian Data Protection Act (DSG). It provides comprehensive coverage of data protection obligations, security requirements, and confidentiality measures, making it suitable for various business relationships including vendor agreements, service provider contracts, and business partnerships. The document ensures compliance with Austrian privacy laws while incorporating necessary GDPR requirements such as data processing principles, data subject rights, and breach notification procedures.
Suggested Sections

1. Parties: Identification of the contracting parties, including their roles as data controller/processor if applicable

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Subject, etc.

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

5. Data Protection Obligations: GDPR-compliant obligations regarding the processing of personal data

6. Security Measures: Required technical and organizational measures to protect confidential information and personal data

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed

8. Data Subject Rights: Procedures for handling data subject requests and ensuring GDPR compliance

9. Term and Termination: Duration of confidentiality obligations and conditions for termination

10. Return or Destruction of Confidential Information: Procedures for handling confidential information after agreement termination

11. Breach Notification: Procedures for reporting data breaches and confidentiality violations

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

Optional Sections

1. Sub-processors: Required when the receiving party may engage sub-processors for data processing

2. International Data Transfers: Required when personal data may be transferred outside the EEA

3. Intellectual Property Rights: Include when confidential information includes IP-protected materials

4. Insurance Requirements: Include when specific insurance coverage for data protection is required

5. Audit Rights: Include when regular audits of data protection measures are required

6. Employee Confidentiality: Include when agreement specifically covers employee obligations

7. Specific Industry Regulations: Include when additional industry-specific requirements apply

Suggested Schedules

1. Schedule 1: Technical and Organizational Measures: Detailed description of security measures implemented to protect confidential information and personal data

2. Schedule 2: Categories of Personal Data: List of personal data categories being processed and their processing purposes

3. Schedule 3: Authorized Personnel: List of personnel authorized to access confidential information

4. Schedule 4: Data Processing Activities: Detailed description of all data processing activities covered by the agreement

5. Schedule 5: Sub-processor List: If applicable, list of approved sub-processors and their roles

6. Appendix A: Security Breach Response Plan: Detailed procedures for handling and reporting security breaches

7. Appendix B: Data Subject Request Procedures: Procedures for handling data subject access requests and other GDPR rights

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
Authorized Personnel
Authorized Purpose
Breach of Security
Business Day
Confidential Information
Controller
Data Protection Laws
Data Subject
DSG
EEA
Effective Date
GDPR
Group Company
Information Security Incident
Personal Data
Personal Data Breach
Processing
Processor
Professional Advisers
Representatives
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Party
Trade Secrets
Relevant Industries

Information Technology

Healthcare

Financial Services

Professional Services

Legal Services

Consulting

Manufacturing

Research & Development

Education

Telecommunications

Marketing & Advertising

Pharmaceutical

Insurance

Banking

E-commerce

Human Resources

Relevant Teams

Legal

Compliance

Information Security

Data Protection

IT

Risk Management

Procurement

Human Resources

Operations

Information Technology

Privacy

Vendor Management

Contract Administration

Relevant Roles

Data Protection Officer

Privacy Manager

Legal Counsel

Compliance Officer

IT Security Manager

Chief Information Security Officer

Chief Privacy Officer

Risk Manager

Information Security Officer

Contract Manager

Procurement Manager

HR Director

IT Director

Chief Technology Officer

Project Manager

Business Development Manager

Operations Manager

Industries
General Data Protection Regulation (GDPR): EU-wide regulation governing personal data processing, transfer, and protection, directly applicable in Austria. Includes requirements for data processing agreements, data subject rights, and security measures.
Austrian Data Protection Act (DSG): National law implementing and supplementing the GDPR in Austria, including specific national requirements for data protection and processing.
Austrian Civil Code (ABGB): Provides the fundamental legal framework for contracts in Austria, including formation, validity, and enforcement of confidentiality obligations.
Austrian Trade Secrets Act (UWG-neu): Implements EU Trade Secrets Directive, defining trade secrets and their protection, relevant for confidentiality provisions regarding business information.
Austrian Labor Constitutional Act (ArbVG): Relevant if the confidentiality agreement involves employees, setting out requirements for employee data protection and workplace privacy.
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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