This Medical Non-Disclosure Agreement template is specifically designed for use in Austria, addressing the unique requirements of Austrian healthcare law while maintaining compliance with EU GDPR. The document is essential when sharing sensitive medical information, research data, or proprietary healthcare technology between organizations or individuals in the medical sector. It's particularly relevant for clinical trials, medical research collaborations, healthcare technology implementations, and other situations where confidential medical information needs to be shared or accessed. The agreement includes comprehensive provisions for data protection, security measures, and breach notification procedures, tailored to meet both Austrian legal requirements and international best practices in medical data protection.
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1. Parties: Identification of the parties entering into the agreement, including their legal status and contact details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms, particularly 'Confidential Information', 'Medical Data', 'Personal Data', and 'Processing'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, with specific reference to medical data categories
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Data Protection Compliance: Specific obligations under GDPR and Austrian data protection law, including handling of special category medical data
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized personnel
8. Security Measures: Required technical and organizational measures for protecting confidential information
9. Breach Notification: Procedures for reporting and handling any breaches of confidentiality
10. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
11. Term and Termination: Duration of the agreement and termination provisions
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Audit Rights: Optional section granting rights to audit compliance with the agreement, recommended for high-sensitivity medical data
2. Insurance Requirements: Optional section requiring specific insurance coverage for data protection, recommended for high-risk situations
3. Third Party Access: Optional section governing access by third-party service providers or contractors, needed if third parties will be involved
4. International Data Transfers: Optional section addressing cross-border data transfers, required if data may be transferred outside the EU
5. Research Use Provisions: Optional section for situations where medical data may be used for research purposes
6. Publication Rights: Optional section addressing rights to publish findings, relevant for research or academic contexts
1. Schedule 1 - Categories of Confidential Information: Detailed listing of specific types of confidential information and medical data covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information and their access levels
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing medical data in compliance with GDPR
5. Appendix A - Breach Notification Procedures: Detailed procedures for reporting and handling confidentiality breaches
6. Appendix B - Data Retention Schedule: Specific timeframes for retention and destruction of different types of confidential information
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