This Simple Confidentiality Agreement is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during business discussions, negotiations, or ongoing business relationships. The document is typically used before sharing confidential information such as business plans, technical specifications, customer data, or trade secrets. It incorporates key requirements of Austrian law, including provisions from the Austrian Civil Code (ABGB) and Trade Secrets Act (UWG-neu), while also accounting for EU regulations such as GDPR where personal data is involved. This template is particularly suitable for straightforward business relationships where standard confidentiality protection is needed, as opposed to more complex scenarios requiring additional provisions.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Brief context of why the agreement is being entered into and the relationship between the parties
3. Definitions: Definition of 'Confidential Information' and other key terms used in the agreement
4. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and protection standards
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
6. Term and Survival: Duration of the agreement and which obligations survive termination
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Remedies: Available remedies in case of breach, including injunctive relief
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional section when confidential information includes personal data subject to GDPR
2. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
3. Non-Competition: Additional restrictions on competitive activities, if appropriate for the business context
4. Export Control: Required when confidential information may be subject to export control regulations
5. Intellectual Property Rights: Additional clarity on IP ownership and rights when confidential information includes IP
6. Corporate Group Sharing: Provisions for sharing within corporate groups, if one or both parties are part of larger organizations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the confidential information
3. Schedule 3 - Security Measures: Specific security measures required for protecting the confidential information
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