Employment Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Employment Confidentiality Agreement

"I need an Employment Confidentiality Agreement under Austrian law for a senior software developer who will be working on our proprietary AI technology and handling sensitive client data, with the employment starting March 1, 2025."

Document background
The Employment Confidentiality Agreement serves as a crucial legal instrument for protecting sensitive business information in Austrian employment relationships. It should be implemented at the start of employment or when an employee gains access to confidential information. The document defines confidential information, establishes handling protocols, and outlines post-employment obligations, all while ensuring compliance with Austrian employment law, data protection regulations, and the EU Trade Secrets Directive. This agreement is particularly important in today's digital workplace where information can be easily transferred and stored. The agreement must balance the employer's legitimate interest in protecting confidential information with employee rights under Austrian law, including consideration of reasonable post-employment restrictions and data protection rights.
Suggested Sections

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

2. Background: Context of the employment relationship and purpose of the confidentiality agreement

3. Definitions: Detailed definitions of confidential information, trade secrets, intellectual property, and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the employment context

5. Employee Obligations: Specific duties regarding handling, protection, and non-disclosure of confidential information

6. Duration of Obligations: Timeframe for confidentiality obligations during and after employment

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

8. Data Protection Compliance: Provisions ensuring compliance with GDPR and Austrian Data Protection Act

9. Breach and Consequences: Consequences of breaching confidentiality obligations, including potential penalties

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when employee's role involves creative or innovative work

2. Third Party Disclosure: Provisions for authorized disclosure to third parties, needed when employee must interact with external partners

3. Non-Competition Clause: Post-employment competition restrictions, included for senior positions or when especially sensitive information is involved

4. IT Security Requirements: Specific technical requirements for handling digital confidential information, relevant for technology-focused roles

5. International Data Transfer: Provisions for handling confidential information across borders, needed for international companies

6. Whistleblower Protection: Provisions ensuring compliance with whistleblower protection laws, recommended for larger organizations

Suggested Schedules

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

2. Schedule 2 - Approved Third Party Recipients: List of pre-approved third parties who may receive certain confidential information

3. Schedule 3 - Information Security Protocols: Specific procedures and requirements for handling confidential information

4. Appendix A - Acknowledgment Form: Form for employee to sign confirming receipt and understanding of confidentiality obligations

5. Appendix B - Exit Interview Checklist: Checklist for ensuring compliance with confidentiality obligations 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
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Research & Development

Pharmaceuticals

Telecommunications

Consumer Goods

Energy

Defense

Media & Entertainment

Biotechnology

Consulting

Education

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Executive Leadership

Finance

Sales

Marketing

Operations

Product Development

Customer Service

Quality Assurance

Business Development

Administration

Engineering

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Research Scientist

Financial Analyst

Human Resources Manager

Product Manager

Sales Executive

Legal Counsel

Marketing Director

Data Scientist

Systems Administrator

Business Development Manager

Project Manager

Administrative Assistant

Customer Service Representative

Quality Assurance Specialist

Operations Manager

Research & Development Engineer

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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