Non Disclosure Agreement (Insurance) Template for Austria

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Key Requirements PROMPT example:

Non Disclosure Agreement (Insurance)

"I need a Non Disclosure Agreement (Insurance) under Austrian law for a data sharing arrangement between our insurance company and a third-party claims management provider, who will be processing sensitive claims data from January 2025."

Document background
This Non-Disclosure Agreement (Insurance) is designed for use in the Austrian insurance market when parties need to exchange confidential information in the course of insurance-related business activities. The document is particularly relevant when sharing sensitive information such as underwriting data, claims history, actuarial analyses, customer information, or proprietary business methods. It ensures compliance with Austrian civil law, the Insurance Supervision Act (VAG), the Austrian Insurance Contract Act (VersVG), and EU GDPR requirements. The agreement is suitable for various insurance sector relationships, including insurer-broker relationships, reinsurance arrangements, service provider engagements, and consulting relationships. It includes specific provisions addressing the unique aspects of confidentiality in insurance operations while maintaining alignment with Austrian legal requirements and industry standards.
Suggested Sections

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

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Insurance Business', 'Trade Secrets', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Data Protection and GDPR Compliance: Specific obligations regarding personal data protection under GDPR and Austrian law

8. Security Measures: Required security measures for protecting confidential information

9. Term and Survival: Duration of the agreement and surviving obligations

10. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination

11. Breach and Remedies: Consequences of breach and available remedies

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP rights when relevant to insurance products or systems

2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

3. Regulatory Compliance: Specific provisions for regulatory reporting and compliance when dealing with regulated entities

4. Third Party Rights: Provisions regarding the rights of third parties, particularly relevant for group companies

5. Insurance-Specific Carve-outs: Special exceptions for insurance industry practices and requirements

6. Audit Rights: Rights to audit compliance with the NDA, particularly important for regulated entities

7. Competition Law Compliance: Specific provisions when parties are competitors in the insurance market

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures

4. Schedule 4 - Data Processing Requirements: Specific GDPR and data protection requirements and procedures

5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or subcontractors

6. Appendix B - Information Return Certificate: Template certificate confirming return/destruction of confidential information

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

Relevant legal definitions
Clauses
Relevant Industries

Insurance

Reinsurance

Financial Services

Healthcare

Technology

Professional Services

Risk Management

Actuarial Services

Insurance Broking

Claims Management

Regulatory Compliance

Data Protection

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Actuarial

Data Protection

Information Security

Operations

Business Development

Product Development

Broker Relations

Customer Service

IT

Human Resources

Finance

Relevant Roles

Chief Executive Officer

Chief Risk Officer

Chief Compliance Officer

Head of Underwriting

Claims Manager

Actuarial Manager

Data Protection Officer

Legal Counsel

Insurance Operations Manager

Business Development Manager

Reinsurance Manager

Product Development Manager

Risk Analyst

Compliance Analyst

Insurance Broker

Insurance Agent

Claims Adjuster

Underwriter

Actuary

IT Security Manager

Industries
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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