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Personal Confidentiality Agreement

Personal Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Personal Confidentiality Agreement

"I need a Personal Confidentiality Agreement under Austrian law for new employees joining our technology startup in March 2025, with specific provisions for protecting our software source code and customer data."

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Document background
The Personal Confidentiality Agreement is essential for organizations operating under Austrian jurisdiction who need to protect their confidential information when sharing it with employees, contractors, or other business partners. This document is particularly important given Austria's strict data protection regime, which combines EU-wide regulations (GDPR) with national legislation (DSG and Trade Secrets Act). The agreement should be used whenever an individual or entity will have access to sensitive business information, trade secrets, personal data, or proprietary information. It provides a legal framework for maintaining confidentiality while ensuring compliance with Austrian legal requirements regarding data protection, employment law, and trade secret protection.
Suggested Sections

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

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

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

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

6. Permitted Uses: Specific circumstances under which the confidential information may be used

7. Security Measures: Required measures to protect and safeguard confidential information

8. Duration and Survival: Term of the agreement and survival of obligations after termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

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

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Employment Provisions: Additional provisions specific to employment relationships, used when the receiving party is an employee

2. Third Party Disclosure: Provisions governing disclosure to authorized third parties, used when third-party access is anticipated

3. Intellectual Property Rights: Specific provisions protecting IP rights, used when confidential information includes IP

4. Data Protection Compliance: Specific GDPR and DSG compliance provisions, used when personal data is involved

5. Non-Competition: Restrictions on competitive activities, used in business-critical contexts

6. Non-Solicitation: Restrictions on soliciting employees or customers, used in business relationships

7. Export Control: Provisions for international data transfers, used when cross-border sharing is anticipated

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information

4. Appendix A - Data Processing Terms: GDPR-compliant data processing terms when personal data is involved

5. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Research and Development

Pharmaceuticals

Biotechnology

Education

Telecommunications

Energy

Legal Services

Consulting

Media and Entertainment

Retail

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Finance

Executive Leadership

Operations

Marketing

Sales

Customer Service

Product Development

Quality Assurance

Data Analytics

Administrative Support

Business Development

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Human Resources Manager

Legal Counsel

Project Manager

Software Developer

Research Scientist

Financial Analyst

Business Development Manager

Consultant

Administrative Assistant

Data Analyst

Product Manager

Marketing Director

Operations Manager

System Administrator

Quality Assurance Specialist

Sales Representative

Customer Service Representative

External Contractor

Industries
GDPR (General Data Protection Regulation): EU regulation that sets guidelines for the collection and processing of personal information from individuals who live in the European Union, which is directly applicable in Austria
Austrian Data Protection Act (Datenschutzgesetz - DSG): National law implementing and supplementing the GDPR, providing specific regulations for data protection in Austria
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Fundamental law governing contractual relationships, including general principles of contract formation, validity, and enforcement
Austrian Trade Secrets Act (Geschäftsgeheimnis-Gesetz): Implements EU Trade Secrets Directive and provides protection for confidential business information and know-how
Austrian Labor Law (Arbeitsrecht): Relevant when the confidentiality agreement is related to employment relationships, governing employee obligations and rights
Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz): Contains fundamental rights provisions regarding privacy and data protection that must be considered in confidentiality agreements
Austrian Unfair Competition Act (UWG - Gesetz gegen den unlauteren Wettbewerb): Provides additional protection against unfair business practices, including misuse of confidential information
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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