Consultant Non Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

Consultant Non Disclosure Agreement

"I need a Consultant Non-Disclosure Agreement under Austrian law for a senior IT security consultant who will be accessing our core banking infrastructure and customer data during a 6-month project starting March 2025; the agreement needs strong data protection provisions and specific technical security requirements."

Document background
This Consultant Non-Disclosure Agreement is designed for use when engaging external consultants or consulting firms in Austria, whether for short-term projects or ongoing professional services. The document provides comprehensive protection for confidential information, trade secrets, and personal data in accordance with Austrian law and EU regulations. It should be used before sharing any sensitive business information with consultants and includes specific provisions addressing data protection under GDPR, trade secret protection under Austrian law, and appropriate remedies in case of breach. The agreement is structured to comply with Austrian civil and commercial law requirements while being suitable for both domestic and international consulting relationships where Austrian law governs the engagement.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the company) and receiving party (the consultant), including full legal names and addresses

2. Background: Context of the consulting relationship and purpose of the NDA

3. Definitions: Define key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Data Protection and GDPR Compliance: Specific obligations regarding personal data handling and GDPR requirements

8. Term and Survival: Duration of the agreement and survival of obligations after termination

9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages under Austrian law

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and licensing, particularly relevant when consultant may develop or access IP

2. Non-Competition: Restrictions on competitive activities, used when consultant may have access to particularly sensitive market information

3. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for consultants with significant client contact

4. Security Requirements: Specific technical and organizational measures for protecting confidential information, important for IT or security-sensitive projects

5. Audit Rights: Right to audit consultant's compliance with confidentiality obligations, useful for highly regulated industries

6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk or regulated industries

7. Third Party Rights: Provisions regarding group companies or other third parties whose confidential information may be disclosed

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of consulting services to provide context for confidentiality obligations

2. Schedule 2 - Specific Types of Confidential Information: Detailed list of specific categories or types of confidential information covered

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information

4. Schedule 4 - Authorized Representatives: List of authorized representatives who may access confidential information

5. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if consultant will process personal data

6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for consultant's representatives to sign

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
Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Professional Services

Energy

Telecommunications

Pharmaceutical

Real Estate

Construction

Engineering

Education

Research & Development

Environmental Services

Digital Media

Biotechnology

Automotive

Retail

Logistics

Relevant Teams

Legal

Human Resources

Procurement

Operations

Compliance

Risk Management

Research & Development

Information Technology

Finance

Business Development

Strategy

Innovation

Administrative Services

Project Management Office

Contract Management

Relevant Roles

Legal Counsel

HR Manager

Procurement Manager

Project Manager

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Operations Director

Department Head

Compliance Officer

Risk Manager

Contract Administrator

Vendor Manager

Technical Lead

Research Director

Innovation Manager

Strategy Director

General Manager

Administrative 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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