The NDA Between Company And Individual is essential for protecting confidential information in various business contexts under Austrian law. It is commonly used when engaging with consultants, potential employees, contractors, or other individuals who need access to sensitive company information. The document ensures compliance with Austrian civil law, the EU General Data Protection Regulation (GDPR), and the Austrian Trade Secrets Act (UWG). This type of NDA is particularly important in the Austrian business environment, where strong data protection regulations and privacy laws must be considered. The agreement should be used before sharing any confidential information with individuals outside the company structure, whether for project evaluation, potential collaboration, or employment discussions.
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1. Parties: Identification of the company and the individual, including full legal names, addresses, and registration details for the company
2. Background: Context of the agreement, explaining the purpose of sharing confidential information and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses: Specific circumstances under which the confidential information may be used
6. Security Measures: Required measures for protecting confidential information, including digital and physical security
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Data Protection: GDPR compliance and data protection obligations specific to Austrian law
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Section clarifying that the agreement doesn't transfer any IP rights, used when confidential information includes IP
2. Employment Relationship: Clause clarifying that the NDA doesn't create an employment relationship, used when the individual might be a consultant or contractor
3. Non-Competition: Restrictions on competitive activities, only used when specifically required and ensuring compliance with Austrian labor law
4. Third Party Disclosure: Provisions for sharing with authorized third parties, used when such sharing might be necessary
5. Notice Requirements: Specific procedures for notifications, used in more formal or complex relationships
6. Insurance Requirements: Obligations to maintain specific insurance coverage, used when handling particularly sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of the confidential information covered
2. Schedule 2 - Authorized Purposes: Specific listing of permitted uses of the confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures to be followed
4. Appendix A - Contact Details: List of key contacts for notices and escalation procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Research and Development
Biotechnology
Consulting
Engineering
Media and Entertainment
Retail
Education
Real Estate
Telecommunications
Relevant Teams
Legal
Human Resources
Procurement
Research and Development
Business Development
Executive Leadership
Operations
Finance
Information Technology
Innovation
Compliance
Administrative
Project Management
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Procurement Manager
Project Manager
Research Director
Business Development Manager
Technical Consultant
Financial Controller
Operations Manager
Department Head
Recruitment Specialist
Innovation Manager
External Consultant
Independent Contractor
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