This Real Estate Non-Disclosure Agreement is essential for protecting sensitive information during property transactions and developments under Austrian law. It should be used whenever parties need to share confidential information relating to real estate matters, including property valuations, development plans, financial data, tenant information, or investment strategies. The document ensures compliance with Austrian civil law, data protection requirements, and real estate regulations while facilitating necessary information exchange. It's particularly crucial in commercial real estate transactions, property development projects, and investment dealings where significant confidential information needs to be shared between parties. The agreement includes specific provisions for handling property-related data, authorized disclosure parameters, and obligations regarding information security.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement and relationship between parties
3. Definitions: Detailed definitions of terms, including 'Confidential Information', 'Real Estate Information', 'Permitted Purpose'
4. Scope of Confidential Information: Specific description of what constitutes confidential information in the real estate context
5. Confidentiality Obligations: Core obligations regarding handling and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Data Protection Compliance: Obligations under Austrian Data Protection Act and GDPR
8. Security Measures: Required measures for protecting confidential information
9. Return or Destruction of Information: Obligations regarding confidential information after agreement termination
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Real Estate Agent Provisions: Specific provisions when real estate agents are involved in the transaction
2. Third Party Access: Additional provisions for when third party access to information is required (e.g., for due diligence)
3. International Transfer of Information: Required when confidential information may be transferred outside Austria
4. Competing Projects: Provisions regarding involvement in competing real estate projects
5. Press Releases and Public Announcements: Controls on public communications about the real estate matter
6. Insurance Requirements: Specific insurance obligations for handling confidential information
1. Schedule 1 - Description of Real Estate: Detailed description of the real estate property or properties involved
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for using confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by authorized representatives
6. Appendix B - Data Processing Agreement: Additional agreement for GDPR compliance if required
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