Confidentiality Contract for Austria

Confidentiality Contract Template for Austria

This is a comprehensive Confidentiality Agreement (also known as a Non-Disclosure Agreement or NDA) governed by Austrian law, designed to protect confidential information exchanged between parties. The agreement incorporates key provisions of Austrian civil law, data protection regulations including GDPR, and the Austrian Trade Secrets Act. It provides robust protection for business secrets, technical information, and other confidential data while ensuring compliance with Austrian legal requirements for contract formation and enforcement. The document includes specific provisions for breach remedies under Austrian law and incorporates necessary data protection clauses.

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What is a Confidentiality Contract?

This Confidentiality Contract template is designed for use under Austrian law when parties need to exchange sensitive or proprietary information while ensuring its confidentiality and protection. It is particularly relevant in business negotiations, potential partnerships, employment relationships, or any situation where confidential information needs to be shared. The document incorporates provisions compliant with Austrian civil law, the Austrian Trade Secrets Act, and EU data protection regulations. It can be used for both one-way and mutual confidentiality obligations, providing comprehensive protection for trade secrets, technical know-how, business strategies, and other confidential information. The agreement is structured to be enforceable under Austrian jurisdiction and includes specific remedies available under Austrian law.

What sections should be included in a Confidentiality Contract?

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

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

3. Definitions: Definition of confidential information, permitted purpose, and other key terms used in the agreement

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 and prohibited uses

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Term and Survival: Duration of the agreement and which obligations survive termination

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

9. Data Protection: Compliance with GDPR and Austrian Data Protection Act requirements

10. Breach and Remedies: Consequences of breach and available remedies under Austrian law

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

What sections are optional to include in a Confidentiality Contract?

1. Non-Solicitation: Prevents poaching of employees or customers, used when parties have access to sensitive personnel or customer information

2. Security Measures: Specific technical and organizational measures required for protecting confidential information, used for highly sensitive data

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

4. Export Control: Compliance with export control regulations, used when information may be subject to international transfer restrictions

5. Insurance Requirements: Obligations to maintain specific insurance coverage, used for high-value or high-risk information

6. Audit Rights: Right to audit compliance with confidentiality obligations, used for highly sensitive information or regulated industries

7. Assignment and Succession: Rules for transferring rights and obligations, used in corporate contexts or long-term agreements

What schedules should be included in a Confidentiality Contract?

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

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information

4. Schedule 4 - Approved Subcontractors: List of approved third parties who may receive confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by employees or contractors

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Software Development

Consulting

Industrial

Retail

Education

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research & Development

Information Technology

Finance

Procurement

Operations

Compliance

Corporate Development

Innovation

Strategic Partnerships

Relevant Roles

Legal Counsel

Chief Executive Officer

Business Development Manager

Human Resources Director

Chief Technology Officer

Project Manager

Research Director

Investment Manager

Procurement Manager

Operations Director

Chief Financial Officer

Compliance Officer

Contract Manager

Innovation Manager

Partnership Manager

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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