This Product NDA (NDA Product) is designed for use under Austrian law when companies need to share confidential product-related information with third parties. It is particularly relevant in situations involving product development, manufacturing discussions, evaluation of products, or potential business collaborations where sensitive product information needs to be disclosed. The document ensures compliance with Austrian legal requirements, including the ABGB (Austrian Civil Code) and UWG (Unfair Competition Act), while providing robust protection for trade secrets and confidential information. It should be used before sharing any sensitive product information with external parties and can be customized based on the specific nature of the product and the intended disclosure.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the disclosure, including the purpose of sharing product information
3. Definitions: Key terms including 'Confidential Information', 'Product', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information related to the product
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized persons
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon agreement termination
9. Duration and Termination: Term of the agreement and survival of confidentiality obligations
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Product Testing: Specific provisions for cases where the receiving party needs to test or evaluate the product
2. Sample Handling: Requirements for handling product samples if physical samples are provided
3. Intellectual Property Rights: Additional provisions regarding IP rights in cases where product testing or evaluation might lead to improvements or modifications
4. Export Control: For products subject to export control regulations
5. Data Protection: Specific GDPR compliance provisions if personal data is involved in the product information
6. Competition Law Compliance: Required for products where information sharing might have competition law implications
7. Insurance Requirements: Insurance obligations for high-value or high-risk products
8. Subcontractors: Provisions for cases where receiving party needs to involve subcontractors
1. Product Description: Detailed description of the product(s) covered by the NDA
2. Authorized Personnel: List of individuals or roles authorized to access the confidential information
3. Security Protocols: Specific security measures and protocols required for protecting the product information
4. Marking Requirements: Requirements for marking and identifying confidential information
5. Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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