This NDA For Website Development is designed for use when engaging in website development projects where sensitive information needs to be shared between parties. It is specifically drafted under Austrian law and incorporates requirements from the Austrian Civil Code (ABGB), Data Protection Act (DSG), and relevant EU regulations including GDPR. The document should be used before commencing website development work where either party will share confidential information such as business processes, customer data, design specifications, or proprietary technical information. It includes provisions for protecting source code, design elements, business strategies, and personal data, making it suitable for both simple and complex website development projects. The agreement is structured to protect both the client's business information and the developer's technical knowledge and intellectual property.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the agreement, explaining the website development project and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Website Development Project', 'Intellectual Property Rights', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of website development
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and subcontractors
7. Data Protection Compliance: GDPR and DSG compliance requirements for handling personal data
8. Intellectual Property Rights: Protection of IP rights in website development materials and confidential information
9. Term and Survival: Duration of the agreement and obligations that survive termination
10. Return or Destruction of Confidential Information: Requirements for handling confidential information after project completion
11. Breach and Remedies: Consequences of breach and available remedies under Austrian law
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Source Code Protection: Specific provisions for protecting website source code, used when source code access is granted
2. Third Party Disclosure: Additional provisions for cases where third-party contractors or service providers need access
3. International Transfer of Data: Required when confidential information may be transferred outside the EU
4. Non-Competition: Optional restrictions on competitive activities, if relevant to the project
5. Audit Rights: Provisions allowing audit of confidential information handling, for high-security projects
6. Insurance Requirements: Specific insurance obligations for high-value or high-risk projects
7. Marketing and References: Provisions regarding public references to the project or relationship
1. Schedule 1 - Project Scope: Detailed description of the website development project
2. Schedule 2 - Specified Confidential Information: Detailed list of specific confidential information covered
3. Schedule 3 - Authorized Personnel: List of personnel authorized to access confidential information
4. Schedule 4 - Security Measures: Technical and organizational security measures for protecting confidential information
5. Schedule 5 - Data Processing Terms: Detailed data processing terms if personal data is involved
6. Appendix A - Contact Details: Contact information for notices and security incidents
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