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.
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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
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
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
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