Partnership Framework Agreement Template for Austria

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Key Requirements PROMPT example:

Partnership Framework Agreement

"I need a Partnership Framework Agreement under Austrian law for a software development company partnering with multiple EU-based technology providers, with specific focus on intellectual property rights and data protection, to be effective from March 2025."

Document background
The Partnership Framework Agreement is essential for businesses seeking to establish structured, long-term collaborative relationships under Austrian jurisdiction. This document type is particularly valuable when parties intend to engage in multiple projects or ongoing business activities together, providing a master framework that governs their overall relationship while allowing for specific project agreements to be added later. It incorporates key requirements of Austrian commercial law, including the Unternehmensgesetzbuch (UGB) and relevant EU regulations, making it suitable for both domestic and international partnerships. The agreement typically includes comprehensive provisions for governance, financial arrangements, intellectual property rights, data protection (GDPR compliance), and risk allocation, while maintaining flexibility for future collaboration.
Suggested Sections

1. Parties: Identification and details of the partnering entities, including registration numbers and registered addresses

2. Background: Context of the partnership, including the parties' business activities and reasons for collaboration

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Partnership Scope and Objectives: Detailed description of partnership scope, goals, and intended collaboration areas

5. Term and Termination: Duration of the framework agreement, renewal provisions, and termination circumstances

6. Partnership Governance: Management structure, decision-making processes, and meeting requirements

7. Financial Arrangements: Framework for financial relationships, cost sharing, and profit distribution principles

8. Obligations of the Parties: General and specific obligations of each partner

9. Intellectual Property Rights: Ownership and usage rights of existing and newly created IP

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Indemnification: Liability limitations and indemnification obligations

13. Force Majeure: Handling of events beyond reasonable control

14. Notices: Communication procedures and contact details

15. Governing Law and Jurisdiction: Austrian law application and jurisdiction specifications

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when partners operate in similar markets

2. Insurance: Insurance requirements, included when specific risk coverage is necessary

3. Project-Specific Provisions: Framework for individual project agreements, used for project-based partnerships

4. Personnel and Resources: Staff and resource allocation rules, relevant for operational partnerships

5. Quality Standards: Quality requirements and standards, important for product/service delivery partnerships

6. Compliance with Laws: Specific regulatory compliance requirements, needed for regulated industries

7. Marketing and Branding: Rules for using partner brands and joint marketing, relevant for public-facing partnerships

8. Dispute Resolution: Alternative dispute resolution procedures, useful for international partnerships

Suggested Schedules

1. Schedule 1 - Service Levels: Detailed service level requirements and performance metrics

2. Schedule 2 - Financial Terms: Detailed financial arrangements, pricing structures, and payment terms

3. Schedule 3 - Governance Procedures: Detailed procedures for partnership management and decision-making

4. Schedule 4 - Technical Requirements: Technical specifications and operational requirements

5. Schedule 5 - Contact Details: Key contact persons and escalation matrices

6. Appendix A - Form of Project Agreement: Template for individual project agreements under the framework

7. Appendix B - Compliance Requirements: Detailed regulatory and compliance requirements

8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors and their scope

9. Appendix D - Insurance Requirements: Detailed insurance coverage requirements and minimum levels

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

Technology and Software

Manufacturing

Professional Services

Healthcare

Education

Research and Development

Retail and Distribution

Financial Services

Construction

Energy

Telecommunications

Agricultural

Transport and Logistics

Media and Entertainment

Biotechnology

Consulting

Relevant Teams

Legal

Business Development

Operations

Finance

Procurement

Compliance

Risk Management

Strategic Planning

Commercial

Project Management

Corporate Development

Contract Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Business Development Director

Chief Operating Officer

Partnership Manager

Strategic Alliance Director

Commercial Director

Chief Financial Officer

Project Manager

Operations Manager

Procurement Manager

Risk Manager

Compliance Officer

General Counsel

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Fundamental law governing contracts, legal relationships, and general civil law principles in Austria. Particularly relevant sections include §§859-937 on contracts and legal transactions.
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Primary legislation governing commercial partnerships, business relationships, and commercial transactions. Especially relevant for partnership structures, rights, and obligations.
Austrian Limited Liability Companies Act (GmbHG): While primarily for GmbHs, relevant for understanding potential partnership structures and liability considerations in business relationships.
Austrian Competition Act (Kartellgesetz): Regulates competition law aspects and potential restrictions in partnership agreements, especially regarding market behavior and cooperation between businesses.
EU General Data Protection Regulation (GDPR): Relevant for data protection clauses in the partnership agreement, especially if personal data will be processed or shared between partners.
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR for partnership data handling.
Austrian Consumer Protection Act (KSchG): May be relevant if the partnership involves consumer-facing activities or if one partner is considered a consumer under Austrian law.
EU Regulation 1215/2012 (Brussels I Recast): Relevant for jurisdiction clauses in cross-border partnerships within the EU.
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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