The Independent Contractor Non Disclosure Agreement under Austrian law is essential for businesses engaging external professionals while protecting their confidential information and trade secrets. This document is particularly relevant in today's flexible working environment where companies frequently engage independent contractors for specialized projects or services. It addresses the dual need of maintaining confidentiality and clearly establishing the independent nature of the relationship, complying with Austrian employment law distinctions between employees and contractors. The agreement incorporates requirements from Austrian legislation including the ABGB, UWG, and DSG, as well as EU regulations such as GDPR. It should be used whenever engaging independent contractors who will have access to sensitive business information, intellectual property, or personal data.
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1. Parties: Identification of the disclosing party (company) and receiving party (independent contractor), including full legal names and addresses
2. Background: Context of the relationship and purpose of the NDA, including reference to independent contractor status
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Services', 'Independent Contractor Relationship', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment
8. Data Protection Compliance: GDPR and DSG compliance requirements for handling personal data
9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, used when contractor may have access to or create IP
2. Non-Competition: Restrictions on competitive activities, only if specifically required and carefully drafted to comply with Austrian law
3. Audit Rights: Right to audit contractor's compliance with confidentiality obligations, used for high-sensitivity information
4. Insurance Requirements: Obligations to maintain specific insurance coverage, used for high-risk relationships
5. Subcontractors: Provisions regarding use of subcontractors and ensuring their compliance, used when subcontracting may be permitted
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Approved Purpose: Detailed description of the purpose for which confidential information may be used
3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information
4. Appendix A - Authorized Representatives: List of authorized representatives who may receive or handle confidential information
5. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
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