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Release Of Confidentiality Form

Release Of Confidentiality Form Template for Austria

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Key Requirements PROMPT example:

Release Of Confidentiality Form

"I need a Release of Confidentiality Form under Austrian law for our senior software developer who is leaving the company in March 2025, specifically releasing them from confidentiality obligations related to non-proprietary technical documentation while maintaining confidentiality of our core IP and customer data."

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Document background
The Release of Confidentiality Form is a critical legal document used in Austrian business and professional contexts when parties need to be formally released from their confidentiality obligations. This document becomes necessary in various situations, such as after the completion of projects, termination of employment relationships, conclusion of business transactions, or when confidential information becomes public through legitimate means. The form must comply with Austrian legal requirements, including the Austrian Civil Code (ABGB), Data Protection Act (DSG), and EU GDPR regulations. It's designed to protect both the releasing and released parties by clearly defining the scope of the release, any retained obligations, and ensuring all necessary legal and regulatory requirements are met. The document typically includes specific provisions for data protection, particularly when personal data is involved, and may require additional considerations for trade secrets or intellectual property under Austrian law.
Suggested Sections

1. Parties: Identification of the party granting the release (Releaser) and the party being released from confidentiality obligations (Releasee)

2. Background: Context of the original confidentiality obligations and the reason for the release

3. Definitions: Key terms used in the document, including 'Confidential Information', 'Release Date', and scope of information covered

4. Scope of Release: Detailed description of what confidential information is being released and the extent of the release

5. Effective Date and Duration: When the release takes effect and whether it's temporary or permanent

6. Retained Obligations: Specification of any confidentiality obligations that remain in force

7. Representations and Warranties: Statements confirming the parties' authority to enter into the release and understanding of its implications

8. Data Protection Compliance: Confirmation of compliance with GDPR and Austrian data protection laws

9. Governing Law and Jurisdiction: Confirmation that Austrian law governs the release and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Third Party Rights: Required when the confidential information involves or affects third parties' rights

2. Intellectual Property Rights: Needed when the confidential information includes IP-related material

3. Return or Destruction of Materials: Used when physical or electronic materials containing confidential information need to be addressed

4. Employee Acknowledgments: Required when the release involves employment-related confidential information

5. Consideration: Needed if the release is given in exchange for payment or other consideration

6. Partial Release: Used when only specific portions of confidential information are being released while others remain protected

7. Regulatory Compliance: Required when the release must comply with specific industry regulations or requirements

Suggested Schedules

1. Schedule A - Description of Released Information: Detailed list or description of the specific confidential information being released

2. Schedule B - Original Confidentiality Agreement: Copy or reference to the original confidentiality agreement being partially or fully released

3. Schedule C - Retained Confidential Information: List of information that remains confidential (if applicable)

4. Appendix 1 - Data Protection Impact Assessment: Required when the release involves personal data under GDPR

5. Appendix 2 - Consent Forms: Any required third-party or data subject consent forms

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

Professional Services

Manufacturing

Research and Development

Pharmaceuticals

Consulting

Education

Media and Entertainment

Telecommunications

Energy

Legal Services

Biotechnology

Relevant Teams

Legal

Human Resources

Compliance

Information Security

Risk Management

Executive Leadership

Corporate Governance

Data Protection

Research & Development

Information Technology

Administrative Services

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Data Protection Officer

HR Director

Compliance Officer

Project Manager

Research Director

Chief Technology Officer

Chief Information Officer

Business Development Manager

Corporate Secretary

Risk Manager

Information Security Officer

Department Head

Legal Counsel

Industries
Austrian Data Protection Act (DSG): The national law implementing GDPR in Austria, governing how personal data should be handled and the conditions under which it can be disclosed or released from confidentiality obligations
EU General Data Protection Regulation (GDPR): Overarching European regulation on data protection and privacy, which must be considered when releasing confidential information that may contain personal data
Austrian Civil Code (ABGB): Contains fundamental contract law principles that govern the formation and validity of agreements, including releases and waivers
Austrian Trade Secrets Protection Act (UWG): Regulates the protection of trade secrets and confidential business information, which needs to be considered when drafting a release of confidentiality
Austrian Employment Law (Arbeitsrecht): Relevant when the confidentiality release involves employee-employer relationships and associated confidentiality obligations
EU Trade Secrets Directive (2016/943): European framework for protecting trade secrets that has been implemented in Austrian law and must be considered when releasing confidential business 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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