The Confidentiality Agreement For Employees is a crucial document in Austrian business operations, designed to protect sensitive company information while complying with Austrian legal requirements. It should be implemented at the start of employment relationships or when employees gain access to confidential information. The agreement covers various types of protected information including trade secrets, technical data, customer information, and business strategies, while ensuring compliance with the Austrian Data Protection Act (DSG), Trade Secrets Act (GeschGeG), and Labor Constitution Act (ArbVG). This document is particularly important given Austria's strong protection of trade secrets and personal data, combined with employees' duties of loyalty under Austrian labor law. It includes specific provisions for data handling, security protocols, and post-employment obligations, making it suitable for both domestic Austrian companies and international organizations operating in Austria.
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1. Parties: Identification of the employer company and the employee, including full legal names and addresses
2. Background: Brief context explaining the employment relationship and need for confidentiality
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Business Relations'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the organization
5. Employee Obligations: Core confidentiality obligations and specific duties of the employee regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessity
7. Security Measures: Required procedures and practices for handling confidential information
8. Duration of Obligations: Timeframe for confidentiality obligations, including post-employment period
9. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
10. Data Protection Compliance: Specific obligations regarding personal data under Austrian Data Protection Act and GDPR
11. Breach and Consequences: Actions constituting breach and resulting consequences, including potential penalties
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
13. Signature Section: Execution blocks for both parties, including date and place of signing
1. Intellectual Property Rights: Additional provisions regarding IP created during employment - include when employee involved in creative or technical work
2. Third Party Information: Specific provisions for handling third party confidential information - include when employee regularly deals with client/partner data
3. Remote Working Provisions: Special confidentiality measures for remote work - include for employees working from home or multiple locations
4. International Transfer of Information: Provisions for handling international data transfers - include for multinational companies or cross-border work
5. Works Council Notice: Reference to works council agreement if applicable - include when company has a works council
6. Industry-Specific Obligations: Additional confidentiality requirements for specific industries - include for regulated industries like banking or healthcare
7. Post-Employment Competition: Non-competition provisions related to confidential information - include for senior positions or sensitive roles
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role
2. Schedule 2 - Security Protocols: Detailed procedures for handling different types of confidential information
3. Schedule 3 - Approved Third Party Recipients: List of pre-approved third parties to whom confidential information may be disclosed
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of specific confidential information
5. Appendix B - Information Return Checklist: Checklist for returning confidential information upon employment termination
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Education
Research and Development
Pharmaceuticals
Energy
Telecommunications
Media and Entertainment
Construction
Automotive
Consulting
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Finance
Sales
Marketing
Operations
Customer Service
Product Development
Quality Assurance
Administration
Executive Office
Business Development
Data Analytics
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Software Developer
Research Scientist
Financial Analyst
Human Resources Manager
Product Manager
Sales Representative
Marketing Director
Legal Counsel
Project Manager
Data Analyst
Systems Administrator
Customer Service Representative
Business Development Manager
Operations Manager
Quality Assurance Specialist
Administrative Assistant
Department Head
Executive Assistant
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