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Personal Information Confidentiality Agreement

Personal Information Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Personal Information Confidentiality Agreement

"I need a Personal Information Confidentiality Agreement for my Austrian healthcare software company that will be processing patient data from multiple EU countries starting March 2025; the agreement needs to be GDPR-compliant and include specific provisions for health data processing."

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Document background
A Personal Information Confidentiality Agreement is essential when parties need to share or process personal data in Austria, whether in an employment, business, or service provision context. This document is specifically drafted to comply with Austrian data protection laws and the EU GDPR, making it suitable for use by organizations operating in Austria or handling personal data of Austrian residents. It should be used whenever there is a need to protect personal information being shared between parties, particularly in situations involving sensitive data processing, employee data handling, or third-party service provision. The agreement includes comprehensive provisions for data protection, security measures, and breach notification procedures, while incorporating specific requirements under Austrian law for both data protection and contractual obligations.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of sharing personal information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject' and other GDPR-relevant terminology

4. Scope of Confidential Information: Detailed description of what personal information is covered by the agreement

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

6. Data Protection Compliance: Specific obligations under GDPR and Austrian Data Protection Act, including data processing principles and data subject rights

7. Security Measures: Required technical and organizational measures to protect personal information

8. Term and Termination: Duration of the agreement and conditions for termination

9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination

10. Breach Notification: Procedures for reporting any breaches or unauthorized disclosures

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

Optional Sections

1. International Data Transfers: Required when personal information may be transferred outside the EU/EEA

2. Subprocessing: Include when the receiving party may need to engage subcontractors to process the information

3. Employment-Specific Provisions: Required when the agreement is part of an employment relationship

4. Intellectual Property Rights: Include when confidential information may include or relate to intellectual property

5. Insurance Requirements: Include when specific insurance coverage for data protection is required

6. Audit Rights: Optional section granting rights to audit compliance with the agreement

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the agreement

2. Schedule 2 - Authorized Purposes: Specific purposes for which the personal information may be processed

3. Schedule 3 - Security Measures: Detailed description of required technical and organizational security measures

4. Schedule 4 - Authorized Personnel: List of personnel authorized to access the confidential information

5. Appendix A - Data Processing Agreement: GDPR-compliant data processing agreement if required

6. Appendix B - Breach Notification Procedure: Detailed procedure for handling and reporting data breaches

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
Personal Data
Special Categories of Personal Data
Processing
Data Subject
Data Controller
Data Processor
Confidential Information
Authorized Purpose
Authorized Personnel
Data Protection Laws
GDPR
DSG
Security Breach
Technical and Organizational Measures
Third Party
Affiliate
Representatives
Permitted Recipients
Supervisory Authority
Data Protection Officer
Cross-border Processing
Business Purpose
Consent
Trade Secret
Disclosing Party
Receiving Party
Confidential Treatment
Data Minimization
Return Period
Professional Secrecy
Force Majeure
Material Breach
Term
Effective Date
Relevant Industries

Healthcare

Financial Services

Technology

Professional Services

Education

Human Resources

Retail

Insurance

Telecommunications

Legal Services

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Human Resources

Information Technology

Data Protection

Compliance

Information Security

Risk Management

Research & Development

Customer Service

Marketing

Operations

Relevant Roles

Data Protection Officer

Privacy Manager

HR Director

IT Security Manager

Compliance Officer

Legal Counsel

Information Security Officer

Risk Manager

HR Business Partner

Systems Administrator

Database Administrator

Research Coordinator

Project Manager

Customer Service Manager

Marketing Director

Industries
EU General Data Protection Regulation (GDPR): The fundamental EU regulation on data protection and privacy, directly applicable in Austria, setting requirements for personal data processing, storage, and transfer
Austrian Data Protection Act (Datenschutzgesetz - DSG): National law implementing and supplementing GDPR in Austria, providing specific national requirements for data protection
Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB): Contains fundamental principles of contract law, including provisions on confidentiality obligations and contract formation
Austrian Labor Law (Arbeitsrecht): Relevant when the confidentiality agreement is related to employment relationships, containing specific provisions about employee privacy and data protection
EU Trade Secrets Directive as implemented in Austria: Provides protection for confidential business information, which may overlap with personal information in certain contexts
Austrian Federal Law on Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb - UWG): Contains provisions regarding the protection of business secrets and 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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