Independent Contractor Non Disclosure Agreement Template for Austria

The Independent Contractor Non Disclosure Agreement under Austrian law is essential for businesses engaging external professionals while protecting their confidential information and trade secrets. This document is particularly relevant in today's flexible working environment where companies frequently engage independent contractors for specialized projects or services. It addresses the dual need of maintaining confidentiality and clearly establishing the independent nature of the relationship, complying with Austrian employment law distinctions between employees and contractors. The agreement incorporates requirements from Austrian legislation including the ABGB, UWG, and DSG, as well as EU regulations such as GDPR. It should be used whenever engaging independent contractors who will have access to sensitive business information, intellectual property, or personal data.

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

2. Background: Context of the relationship and purpose of the NDA, including reference to independent contractor status

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Services', 'Independent Contractor Relationship', and other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

7. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment

8. Data Protection Compliance: GDPR and DSG compliance requirements for handling personal data

9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability