The Non Disclosure Agreement App is essential for protecting confidential information in the mobile application and digital platform landscape under Austrian law. This document type is particularly relevant when parties need to share sensitive information during app development, testing, or deployment phases. It addresses specific requirements for digital content protection, including source code, algorithms, user data, and commercial information, while ensuring compliance with Austrian civil and commercial law, as well as EU data protection regulations. The agreement is structured to accommodate both traditional confidentiality requirements and modern digital aspects, making it suitable for various scenarios in the app development and digital services industry. This version of the NDA is specifically tailored for the Austrian jurisdiction and includes provisions for electronic execution and digital record-keeping.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions under Austrian law
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including express references to trade secrets as defined in the UWG
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Data Protection: GDPR compliance provisions where confidential information includes personal data
8. Term and Survival: Duration of the agreement and survival of obligations post-termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Remedies: Legal remedies available under Austrian law, including injunctive relief and damages
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction of Austrian courts
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when confidential information includes IP - relevant for technology or R&D related NDAs
2. Non-Solicitation: Restrictions on soliciting employees or customers - included when parties are competitors or in sensitive business relationships
3. Data Processing Agreement: Detailed GDPR compliance section when significant personal data processing is involved
4. Group Company Rights: Provisions allowing sharing with group companies - relevant for corporate groups
5. Export Control: Compliance with export control regulations - necessary when dealing with regulated technologies or international transfers
6. Force Majeure: Provisions for extraordinary circumstances - particularly relevant post-COVID
7. Anti-Corruption: Compliance with anti-corruption laws - important for international or public sector related agreements
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of different types of confidential information covered
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