This Confidentiality Agreement is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during commercial relationships, negotiations, or business discussions. The agreement is specifically structured to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB) and Trade Secrets Act, while also incorporating EU-wide regulations such as GDPR where applicable. It is commonly used before entering into detailed business discussions, during due diligence processes, or when sharing sensitive technical, financial, or commercial information. The document provides comprehensive protection for confidential information, including trade secrets, proprietary technology, business strategies, and personal data, while ensuring enforceability under Austrian law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses
6. Authorized Disclosures: Circumstances under which confidential information may be disclosed to third parties
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
11. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved
2. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
4. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
5. Remedies and Injunctive Relief: Specific remedies available in case of breach, including right to seek injunctive relief
6. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
7. Export Control: Required for international transfers of technical data or when dealing with regulated industries
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Data Processing Requirements: Specific data processing requirements if personal data is involved (GDPR compliance)
5. Schedule 5 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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