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International Confidentiality Agreement

International Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

International Confidentiality Agreement

"I need an International Confidentiality Agreement governed by Austrian law for a joint venture between our Vienna-based software company and a Japanese technology partner, with special focus on protecting AI-related intellectual property and source code."

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Document background
This International Confidentiality Agreement template is essential for businesses engaging in cross-border information sharing where Austrian law governs the relationship. It is particularly valuable when parties need to exchange sensitive business information, technical data, or trade secrets during business negotiations, joint ventures, or strategic partnerships. The agreement incorporates key requirements from Austrian legislation, including the Civil Code (ABGB) and Trade Secrets Act, while also ensuring compliance with EU regulations such as GDPR. This template should be used when at least one party is based outside Austria, and the parties have chosen Austrian law as the governing law. It provides robust protection for confidential information while maintaining enforceability across different jurisdictions.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Definition of Confidential Information, Trade Secrets, Permitted Purpose, Authorized Recipients, and other key terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and level of protection required

5. Obligations of Receiving Party: Core confidentiality obligations, security measures, and standard of care required

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized recipients

7. Data Protection: GDPR compliance measures and data handling requirements

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

9. Return or Destruction: Requirements for handling confidential information upon termination

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction for dispute resolution

Optional Sections

1. Third Party Rights: Include when confidential information belongs to or affects third parties

2. Export Control: Include when dealing with technical data subject to export control regulations

3. Reverse Engineering: Include when protecting technical information or trade secrets that could be reverse engineered

4. Non-Solicitation: Include when parties want to prevent poaching of employees or clients

5. Assignment and Succession: Include when transfer of rights needs to be specifically restricted

6. Force Majeure: Include when longer-term obligations require force majeure protection

7. Insurance Requirements: Include when handling particularly sensitive or valuable information

8. Audit Rights: Include when active monitoring of compliance is required

Suggested Schedules

1. Schedule 1 - Specified 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 Measures: Specific technical and organizational measures required for data protection

4. Schedule 4 - Form of Confidentiality Undertaking: Template NDA for authorized recipients/subcontractors

5. Schedule 5 - Data Processing Terms: Detailed GDPR compliance terms if personal data is included in confidential information

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 legal definitions
Confidential Information
Trade Secrets
Permitted Purpose
Authorized Recipients
Affiliate
Confidentiality Undertaking
Data Protection Laws
Disclosing Party
Receiving Party
Effective Date
Group Company
Personal Data
Representatives
Security Measures
Technical Information
Business Information
Intellectual Property Rights
Permitted Disclosures
Control
Derived Information
Material Breach
Notice
Professional Advisers
Residual Information
Term
Territory
Working Day
Competition Laws
Compliance Requirements
Confidentiality Period
Data Subject
Force Majeure Event
Information Security Standards
Related Persons
Restricted Period
Relevant Industries

Technology

Manufacturing

Healthcare

Pharmaceuticals

Financial Services

Professional Services

Automotive

Aerospace

Biotechnology

Energy

Telecommunications

Software Development

Research & Development

Industrial

Consumer Goods

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Project Management

Procurement

Finance

Compliance

Commercial

Intellectual Property

Information Technology

Corporate Development

Strategic Planning

Operations

Risk Management

Relevant Roles

Legal Counsel

Chief Legal Officer

Business Development Manager

Chief Executive Officer

Chief Technology Officer

Research Director

Project Manager

Procurement Manager

Chief Financial Officer

Partnership Manager

Innovation Director

Compliance Officer

Commercial Director

Strategic Alliance Manager

Intellectual Property Manager

Industries
Austrian Civil Code (ABGB): Provides the fundamental legal framework for contracts, including formation, interpretation, and enforcement of contractual obligations in Austria
Austrian Trade Secrets Act (UWG-neu): Implements the EU Trade Secrets Directive and provides specific provisions for protecting confidential business information and trade secrets
EU General Data Protection Regulation (GDPR): Regulates the processing and transfer of personal data, which may be relevant if confidential information includes personal data
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR in the Austrian context
EU Trade Secrets Directive (2016/943): Provides harmonized protection for trade secrets across the EU, implemented in Austrian law
Austrian Unfair Competition Act (UWG): Contains provisions against unfair business practices, including misuse of confidential information
Austrian Labor Law (Arbeitsrecht): Governs confidentiality obligations in employment relationships and post-employment restrictions
Austrian Federal Cartel Act (KartG): Relevant for ensuring confidentiality provisions do not violate competition law requirements
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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