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Three Way NDA

Three Way NDA Template for Austria

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Key Requirements PROMPT example:

Three Way NDA

"I need a Three Way NDA under Austrian law for a joint software development project between my tech company, a research institution, and an AI consulting firm, with special attention to intellectual property rights and data protection requirements."

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Document background
This Three Way NDA is designed for situations where three parties need to share confidential information with each other in the course of business negotiations, joint ventures, or collaborative projects under Austrian jurisdiction. The document is particularly relevant when multiple parties are involved in complex business transactions, research and development projects, or strategic partnerships where bilateral NDAs would be insufficient. It incorporates requirements from Austrian civil law, trade secrets legislation, and data protection regulations, ensuring comprehensive protection for all parties' confidential information. The agreement is structured to clearly delineate the obligations of each party both as a discloser and recipient of confidential information, making it suitable for various business scenarios where multilateral information sharing is necessary.
Suggested Sections

1. Parties: Identification and details of all three parties to the agreement

2. Background: Context of the relationship between the three parties and purpose of the NDA

3. Definitions: Definitions of key terms, especially 'Confidential Information' for each party

4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party

5. Disclosure and Use: Rules governing how confidential information can be shared and used between the three parties

6. Protection Measures: Required security measures for protecting confidential information

7. Permitted Disclosures: Circumstances under which confidential information can be disclosed to third parties

8. Return or Destruction: Obligations regarding the return or destruction of confidential information

9. Term and Survival: Duration of the agreement and surviving obligations

10. Breach and Remedies: Consequences of breach and available remedies

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, etc.

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR - include when confidential information includes personal data

2. Employee and Representative Obligations: Additional provisions for ensuring employees comply with confidentiality - include when parties' employees will have regular access to confidential information

3. Intellectual Property Rights: Provisions clarifying IP ownership and licenses - include when confidential information includes IP

4. Export Control: Provisions for compliance with export control laws - include when information may be subject to export restrictions

5. Competition Law Compliance: Provisions ensuring compliance with competition laws - include when parties are competitors

6. Audit Rights: Rights to audit compliance with confidentiality obligations - include for highly sensitive information

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of authorized representatives from each party who may receive confidential information

2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information

3. Schedule 3 - Information Categories: Detailed categorization of different types of confidential information from each party

4. Appendix A - Notification Templates: Standard forms for various notices under the agreement

5. Appendix B - Processing Requirements: Specific requirements for processing any personal data included in confidential information

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
Affiliate
Authorized Purpose
Authorized Representatives
Business Day
Confidential Information
Disclosing Party
Receiving Party
Effective Date
Personal Data
Pre-Existing Information
Project
Representatives
Security Breach
Confidentiality Period
Trade Secret
Technical Information
Business Information
Proprietary Information
Permitted Recipients
Group Company
Intellectual Property Rights
Derived Information
Data Protection Laws
GDPR
Material
Residual Information
Security Requirements
Third Party
Working Hours
Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Biotechnology

Financial Services

Professional Services

Research & Development

Healthcare

Energy

Telecommunications

Automotive

Aerospace

Software Development

Industrial Engineering

Relevant Teams

Legal

Compliance

Business Development

Research and Development

Procurement

Executive Leadership

Innovation

Strategic Partnerships

Operations

Intellectual Property

Information Security

Contract Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Innovation Manager

Procurement Manager

Strategic Partnership Director

Compliance Officer

Intellectual Property Manager

Contract Manager

Chief Financial Officer

Operations Director

Industries
Austrian Civil Code (ABGB): The fundamental law governing contracts in Austria, including contract formation, validity requirements, and remedies for breach (§859-937 ABGB)
Austrian Trade Secrets Act (UWG-neu): Implements EU Trade Secrets Directive, defining trade secrets and providing protection measures for confidential business information
Austrian Data Protection Act (DSG): National implementation of GDPR, governing the processing and protection of personal data that might be included in confidential information
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing personal data protection, relevant when confidential information includes personal data
Austrian Federal Act Against Unfair Competition (UWG): Regulates unfair business practices and includes provisions relevant to protecting business secrets and confidential information
Austrian Employment Contract Law (AVRAG): Relevant for confidentiality obligations of employees and their handling of confidential information
Austrian Commercial Code (UGB): Contains provisions regarding business relationships and confidentiality obligations between commercial entities
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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