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Confidentiality And Non Disclosure Agreement

Confidentiality And Non Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

Confidentiality And Non Disclosure Agreement

"I need a Confidentiality and Non Disclosure Agreement under Austrian law for a software development company sharing technical specifications with a potential manufacturing partner in Vienna, with special attention to protecting source code and technical drawings."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Pharmaceuticals

Biotechnology

Energy

Telecommunications

Real Estate

Construction

Automotive

Consumer Goods

Education

Media & Entertainment

Relevant Teams

Legal

Human Resources

Research & Development

Information Technology

Finance

Business Development

Procurement

Operations

Compliance

Information Security

Executive Leadership

Product Development

Sales

Marketing

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

HR Director

Procurement Manager

Investment Manager

Technical Lead

Product Manager

Sales Director

Operations Manager

Compliance Officer

Information Security Manager

Industries
Federal Law on the Protection of Trade Secrets (Geschäftsgeheimnisgesetz – GeschGeG): Implements EU Trade Secrets Directive 2016/943 in Austrian law, defining trade secrets and providing legal framework for their protection
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): Provides the fundamental rules for contract formation, validity, and enforcement, particularly §§859-937 governing contracts in general
Austrian Data Protection Act (DSG - Datenschutzgesetz): National implementation of GDPR, relevant when confidential information includes personal data
Federal Act against Unfair Competition (UWG - Bundesgesetz gegen den unlauteren Wettbewerb): Regulates unfair business practices and protects against misuse of business secrets and confidential information
Austrian Labor Law (Arbeitsrecht): Relevant when the NDA involves employees, governing confidentiality obligations in employment relationships
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing personal data protection, relevant when confidential information includes personal data
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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