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Non Compete Non Disclosure Agreement

Non Compete Non Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

Non Compete Non Disclosure Agreement

"I need a Non Compete Non Disclosure Agreement under Austrian law for hiring senior software developers in January 2025, with special focus on protecting our AI technology and preventing them from joining competitors in the DACH region for 2 years after employment ends."

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Document background
This Non Compete Non Disclosure Agreement is essential for businesses operating in Austria seeking to protect their confidential information and competitive position. It is particularly relevant when engaging employees, contractors, or business partners who will have access to sensitive business information or significant customer relationships. The document ensures compliance with Austrian labor law requirements, including mandatory compensation for non-compete clauses, maximum two-year restriction periods, and reasonable geographical limitations. It addresses both the immediate need to protect confidential information during the engagement and the ongoing requirement to prevent unfair competition after the relationship ends. The agreement is structured to be enforceable under Austrian law while providing comprehensive protection for trade secrets, customer relationships, and business interests.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the restrictions

3. Definitions: Key terms including Confidential Information, Trade Secrets, Competing Activities, Territory, and Restricted Period

4. Confidentiality Obligations: Detailed provisions regarding protection, non-disclosure, and usage of confidential information

5. Non-Compete Provisions: Specific restrictions on competitive activities, including scope, duration, and geographical limitations

6. Duration and Term: Period of effectiveness for both confidentiality and non-compete obligations

7. Consideration: Compensation or benefits provided in exchange for the restrictions (required under Austrian law)

8. Return of Confidential Information: Obligations regarding return or destruction of confidential materials

9. Breach and Remedies: Consequences of violation, including penalties and enforcement mechanisms

10. Severability: Provisions for maintaining validity if certain clauses are found unenforceable

11. Governing Law and Jurisdiction: Specification of Austrian law application and competent courts

Optional Sections

1. International Provisions: Additional clauses for cross-border application when parties are from different jurisdictions

2. Data Protection Compliance: Specific GDPR-related provisions when personal data is involved

3. Post-Employment Obligations: Specific provisions for employees, including reference to labor law restrictions

4. Independent Contractor Provisions: Modified restrictions suitable for non-employment relationships

5. Training and Investment Protection: Additional provisions protecting employer investments in employee development

6. Customer Protection: Specific provisions preventing solicitation of customers

7. Assignment and Transfer: Rules regarding transfer of rights and obligations

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list or categories of protected confidential information

2. Schedule B - Restricted Territory: Specific geographical areas covered by non-compete provisions

3. Schedule C - Competing Businesses: Definition or list of businesses/activities considered competitive

4. Schedule D - Consideration Details: Specific compensation or benefits provided for the restrictions

5. Schedule E - Approved Activities: List of permitted activities that don't violate the agreement

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
Agreement
Affiliate
Business
Competing Business
Competitive Activity
Confidential Information
Customer
Disclosing Party
Effective Date
Employment
Geographic Territory
Intellectual Property Rights
Material Interest
Non-Compete Period
Permitted Purpose
Prohibited Activities
Receiving Party
Restricted Business
Restricted Period
Restricted Territory
Services
Trade Secrets
Working Relationship
Confidentiality Period
Group Company
Protected Information
Business Relationship
Termination Date
Consideration
Professional Services
Representatives
Technical Information
Business Methods
Market-Sensitive Information
Strategic Information
Relevant Industries

Technology

Pharmaceuticals

Financial Services

Professional Services

Manufacturing

Research and Development

Healthcare

Biotechnology

Software Development

Management Consulting

Engineering

Telecommunications

Consumer Electronics

Industrial Design

Digital Marketing

Relevant Teams

Legal

Research & Development

Executive Leadership

Sales

Product Development

Information Technology

Human Resources

Finance

Marketing

Business Development

Engineering

Customer Success

Strategy

Operations

Design

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Research Scientist

Sales Director

Product Manager

Business Development Manager

Technical Lead

Senior Consultant

Project Manager

Account Executive

Data Scientist

Systems Architect

Marketing Director

Financial Controller

Operations Manager

Head of Research

Senior Designer

Business Analyst

Strategy Consultant

Industries
Austrian Labor Law (AVRAG - Arbeitsvertragsrechts-Anpassungsgesetz): Regulates employment relationships and contains specific provisions about post-contractual non-compete clauses, including maximum duration and compensation requirements
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Contains provisions regarding business secrets, confidentiality obligations, and competitive restrictions in commercial relationships
EU Trade Secrets Directive (as implemented in Austrian law): Provides framework for protecting trade secrets and confidential business information, including definitions and remedies for breaches
Austrian Data Protection Act (DSG): Implements GDPR requirements and regulates handling of personal data that might be covered under the confidentiality provisions
Austrian Competition Law (KartG - Kartellgesetz): Sets boundaries for competitive restrictions and helps determine what constitutes reasonable non-compete provisions
Austrian Civil Code (ABGB): Provides general contract law principles and rules for interpretation of agreements
Section 36 Austrian Employee Act (AngG): Specific provisions regarding competition clauses for private sector employees, including limitations on scope and enforceability
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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