The Non Circumvention Non Disclosure & Working Agreement is essential in business scenarios where parties need to protect sensitive information and business relationships while establishing formal working arrangements. This document is particularly relevant under Austrian law when businesses engage in preliminary discussions about potential collaboration, share confidential information, or establish ongoing business relationships. It provides comprehensive protection by combining confidentiality obligations, safeguards against circumvention of business relationships, and clear working terms in a single agreement. The document ensures compliance with Austrian civil law, the Trade Secrets Act (UWG-Novelle 2018), data protection regulations, and employment laws while providing flexibility to adapt to various business contexts.
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1. Parties: Identification and details of all contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of entering into this agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Business Opportunity', 'Circumvention', and 'Work Products'
4. Scope of Agreement: Overview of the three main components: confidentiality, non-circumvention, and working relationship
5. Confidentiality Obligations: Detailed provisions regarding the protection, use, and handling of confidential information, including GDPR compliance requirements
6. Non-Circumvention Provisions: Specific obligations regarding non-circumvention of business relationships, opportunities, and contacts
7. Working Relationship Terms: Terms governing the working relationship, including roles, responsibilities, and expectations
8. Term and Termination: Duration of the agreement and conditions for termination
9. Compensation and Payment Terms: Financial arrangements, payment schedules, and related terms
10. Intellectual Property Rights: Ownership and rights regarding any IP created during the working relationship
11. Representations and Warranties: Standard declarations and assurances from each party
12. Breach and Remedies: Consequences of breach and available remedies under Austrian law
13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Detailed GDPR compliance provisions - required if personal data processing is involved
2. Third Party Rights: Provisions regarding the involvement of third parties - needed if subcontractors or affiliates are involved
3. Insurance Requirements: Insurance obligations - relevant for high-risk or regulated industry collaborations
4. Non-Compete Provisions: Additional competition restrictions - include only if specifically agreed and compliant with Austrian competition law
5. Dispute Resolution: Alternative dispute resolution procedures - optional alternative to standard court jurisdiction
6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID or for long-term agreements
1. Schedule 1 - Scope of Work: Detailed description of services, deliverables, and performance metrics
2. Schedule 2 - Compensation Details: Detailed breakdown of fees, payment terms, and calculation methods
3. Schedule 3 - Authorized Representatives: List of authorized personnel who may receive or handle confidential information
4. Schedule 4 - Confidential Information: Specific categories and examples of confidential information covered
5. Schedule 5 - Protected Relationships: List of specific business relationships protected under non-circumvention
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if required
7. Appendix B - Security Protocols: Specific procedures for handling and protecting confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software Development
Management Consulting
Professional Services
Financial Services
Manufacturing
Research and Development
Healthcare and Life Sciences
Real Estate
Energy and Utilities
Telecommunications
Business Process Outsourcing
Investment and Private Equity
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Project Management
Research and Development
Commercial
Finance
Procurement
Information Technology
Human Resources
Strategic Planning
Relevant Roles
Chief Executive Officer
Business Development Manager
Chief Operating Officer
Legal Counsel
Contract Manager
Project Manager
Consultant
Strategic Partnership Director
Chief Technology Officer
Innovation Manager
Commercial Director
Chief Financial Officer
Research Director
Product Development Manager
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