This Iron Clad Non Disclosure Agreement is designed for use in situations requiring the highest level of confidentiality protection under Austrian law. It is particularly suitable for high-value business transactions, sensitive intellectual property matters, or critical business negotiations where standard NDAs may not provide sufficient protection. The document incorporates comprehensive provisions aligned with Austrian civil and commercial law, EU regulations including GDPR, and the EU Trade Secrets Directive. It includes enhanced enforcement mechanisms, specific security protocols, and detailed procedures for handling confidential information. This agreement is typically used in scenarios such as potential mergers and acquisitions, joint venture negotiations, research and development partnerships, or when sharing sensitive technological or business information that requires maximum legal protection.
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1. Parties: Identification and details of the disclosing and receiving parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Comprehensive definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including both explicit and implicit information
5. Obligations of Confidentiality: Core confidentiality obligations, security measures, and standards of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific security protocols and measures required for protecting confidential information
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
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
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. International Transfer Provisions: Additional provisions for cross-border transfer of confidential information
3. Competitive Restrictions: Non-compete and non-solicitation provisions, if applicable
4. Intellectual Property Rights: Specific provisions regarding IP rights in shared information
5. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
6. Insurance Requirements: Specific insurance requirements for handling confidential information
7. Audit Rights: Provisions allowing audit of confidentiality measures
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list and categorization of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures to be followed
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under GDPR
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by authorized recipients
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Trade Secret
Disclosing Party
Receiving Party
Authorized Recipients
Authorized Purpose
Permitted Purpose
Affiliate
Representatives
Business Day
Confidentiality Obligations
Data Protection Laws
Effective Date
Force Majeure Event
GDPR
Group Company
Intellectual Property Rights
Personal Data
Professional Advisors
Security Requirements
Unauthorized Disclosure
Working Hours
Derivative Information
Technical Information
Commercial Information
Know-How
Business Plans
Financial Information
Trade Secrets Directive
Protective Measures
Residual Information
Security Breach
Termination Date
Third Party
Unauthorized Access
Trade Secret
Disclosing Party
Receiving Party
Authorized Recipients
Authorized Purpose
Permitted Purpose
Affiliate
Representatives
Business Day
Confidentiality Obligations
Data Protection Laws
Effective Date
Force Majeure Event
GDPR
Group Company
Intellectual Property Rights
Personal Data
Professional Advisors
Security Requirements
Unauthorized Disclosure
Working Hours
Derivative Information
Technical Information
Commercial Information
Know-How
Business Plans
Financial Information
Trade Secrets Directive
Protective Measures
Residual Information
Security Breach
Termination Date
Third Party
Unauthorized Access
Clauses
Confidentiality
Permitted Use
Non-Disclosure
Data Protection
Security Measures
Return of Information
Destruction of Information
Term and Duration
Survival
Breach Notification
Remedies
Injunctive Relief
Damages
Indemnification
Warranties
Representations
Permitted Disclosure
Compelled Disclosure
Notice Requirements
Assignment
Subcontracting
Audit Rights
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Notices
Third Party Rights
Counterparts
GDPR Compliance
Trade Secrets Protection
Permitted Use
Non-Disclosure
Data Protection
Security Measures
Return of Information
Destruction of Information
Term and Duration
Survival
Breach Notification
Remedies
Injunctive Relief
Damages
Indemnification
Warranties
Representations
Permitted Disclosure
Compelled Disclosure
Notice Requirements
Assignment
Subcontracting
Audit Rights
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Notices
Third Party Rights
Counterparts
GDPR Compliance
Trade Secrets Protection
Relevant Industries
Technology
Manufacturing
Pharmaceutical
Financial Services
Professional Services
Research & Development
Healthcare
Biotechnology
Industrial Engineering
Telecommunications
Energy
Defense
Automotive
Chemical Industry
Software Development
Relevant Teams
Legal
Executive Leadership
Research & Development
Information Security
Corporate Development
Mergers & Acquisitions
Innovation
Business Development
Compliance
Information Technology
Product Development
Intellectual Property
Finance
Operations
Risk Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Chief Technology Officer
Chief Financial Officer
Research Director
Business Development Manager
Intellectual Property Manager
Corporate Development Director
Head of Innovation
Chief Information Security Officer
Chief Operations Officer
Project Manager
Compliance Officer
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