This Confidentiality and Non-Disclosure Agreement is designed for use in business relationships where sensitive information needs to be shared under Austrian law. It is particularly relevant for situations involving business negotiations, potential partnerships, service engagements, or employment relationships where confidential information such as trade secrets, technical specifications, customer data, or business strategies must be protected. The agreement ensures compliance with Austria's Trade Secrets Act (GeschGeG) and includes necessary provisions for GDPR compliance when personal data is involved. It provides a robust framework for maintaining confidentiality while facilitating necessary business interactions and includes enforcement mechanisms specific to Austrian jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Detailed definitions of Confidential Information, Permitted Purpose, Authorized Recipients, and other key terms
4. Scope of Confidentiality: Extent of confidential information covered and clear designation of what constitutes confidential information
5. Obligations of Receiving Party: Core confidentiality obligations, including protection measures, non-use, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Term and Termination: Duration of the agreement and obligations upon termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information after termination
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Used when receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Include when confidential information involves IP rights or potential developments
4. Non-Solicitation: Optional clause preventing solicitation of employees or customers
5. Specific Industry Requirements: Additional provisions for regulated industries (e.g., banking, healthcare)
6. Competing Projects: Provisions regarding work on similar or competing projects
7. Export Control: Required when confidential information is subject to export control regulations
1. Schedule 1 - Description of Confidential Information: Detailed 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: Specific security measures and procedures required for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality agreements to be signed by authorized recipients
5. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if applicable
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