This NDA Development agreement is essential for parties engaging in development projects under Austrian jurisdiction where confidential information needs to be shared. The document is specifically structured to protect technical specifications, source code, development methodologies, and other sensitive information exchanged during the development process. It includes provisions aligned with Austrian civil law, EU GDPR requirements, and the EU Trade Secrets Directive, making it particularly suitable for technology companies, software developers, and organizations involved in product development. The agreement is designed to protect both the disclosing and receiving parties while facilitating necessary information sharing for successful project completion.
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1. Parties: Identification of the parties entering into the NDA, including full legal names and addresses
2. Background: Context of the development project and reason for entering into the NDA
3. Definitions: Definitions of key terms, including 'Confidential Information', 'Development Project', 'Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the development context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use: Specific permissions for use of confidential information in relation to the development project
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Specific provisions for handling personal data under GDPR - include when personal data processing is involved
2. Development Materials: Specific provisions for handling development-related materials - include when physical or digital materials will be exchanged
3. Intellectual Property Rights: Provisions clarifying IP ownership - include when development work might create new IP
4. Non-Solicitation: Restrictions on soliciting employees or clients - include when parties want to prevent poaching
5. Subcontractors: Provisions for sharing information with subcontractors - include when subcontractors will be involved
6. Export Control: Provisions regarding export control regulations - include when development involves controlled technologies
1. Schedule 1 - Description of Development Project: Detailed description of the development project scope and context
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Forms: Standard forms including confidentiality acknowledgments for representatives
5. Appendix B - Approved Subcontractors: List of pre-approved subcontractors (if applicable)
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