Confidentiality Agreement For Employees Template for Austria

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Confidentiality Agreement For Employees

"I need a Confidentiality Agreement For Employees for our Vienna-based technology startup that will be hiring 15 software developers in January 2025, with special focus on protecting our AI algorithms and client data."

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What is a Confidentiality Agreement For Employees?

The Confidentiality Agreement For Employees is a crucial document in Austrian business operations, designed to protect sensitive company information while complying with Austrian legal requirements. It should be implemented at the start of employment relationships or when employees gain access to confidential information. The agreement covers various types of protected information including trade secrets, technical data, customer information, and business strategies, while ensuring compliance with the Austrian Data Protection Act (DSG), Trade Secrets Act (GeschGeG), and Labor Constitution Act (ArbVG). This document is particularly important given Austria's strong protection of trade secrets and personal data, combined with employees' duties of loyalty under Austrian labor law. It includes specific provisions for data handling, security protocols, and post-employment obligations, making it suitable for both domestic Austrian companies and international organizations operating in Austria.

What sections should be included in a Confidentiality Agreement For Employees?

1. Parties: Identification of the employer company and the employee, including full legal names and addresses

2. Background: Brief context explaining the employment relationship and need for confidentiality

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Business Relations'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the organization

5. Employee Obligations: Core confidentiality obligations and specific duties of the employee regarding confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessity

7. Security Measures: Required procedures and practices for handling confidential information

8. Duration of Obligations: Timeframe for confidentiality obligations, including post-employment period

9. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination

10. Data Protection Compliance: Specific obligations regarding personal data under Austrian Data Protection Act and GDPR

11. Breach and Consequences: Actions constituting breach and resulting consequences, including potential penalties

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

13. Signature Section: Execution blocks for both parties, including date and place of signing

What sections are optional to include in a Confidentiality Agreement For Employees?

1. Intellectual Property Rights: Additional provisions regarding IP created during employment - include when employee involved in creative or technical work

2. Third Party Information: Specific provisions for handling third party confidential information - include when employee regularly deals with client/partner data

3. Remote Working Provisions: Special confidentiality measures for remote work - include for employees working from home or multiple locations

4. International Transfer of Information: Provisions for handling international data transfers - include for multinational companies or cross-border work

5. Works Council Notice: Reference to works council agreement if applicable - include when company has a works council

6. Industry-Specific Obligations: Additional confidentiality requirements for specific industries - include for regulated industries like banking or healthcare

7. Post-Employment Competition: Non-competition provisions related to confidential information - include for senior positions or sensitive roles

What schedules should be included in a Confidentiality Agreement For Employees?

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role

2. Schedule 2 - Security Protocols: Detailed procedures for handling different types of confidential information

3. Schedule 3 - Approved Third Party Recipients: List of pre-approved third parties to whom confidential information may be disclosed

4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of specific confidential information

5. Appendix B - Information Return Checklist: Checklist for returning confidential information upon employment termination

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Education

Research and Development

Pharmaceuticals

Energy

Telecommunications

Media and Entertainment

Construction

Automotive

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Finance

Sales

Marketing

Operations

Customer Service

Product Development

Quality Assurance

Administration

Executive Office

Business Development

Data Analytics

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Research Scientist

Financial Analyst

Human Resources Manager

Product Manager

Sales Representative

Marketing Director

Legal Counsel

Project Manager

Data Analyst

Systems Administrator

Customer Service Representative

Business Development Manager

Operations Manager

Quality Assurance Specialist

Administrative Assistant

Department Head

Executive Assistant

Industries
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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