The Non Circumvention Non Disclosure & Working Agreement (NCNDA) under Austrian law is designed for business relationships requiring both protection of sensitive information and a framework for collaboration. It is particularly valuable when parties need to share confidential business information while establishing working terms for joint projects or services. The document ensures compliance with Austrian civil and commercial law, including the Federal Act against Unfair Competition (UWG) and EU Trade Secrets Directive. It's commonly used in scenarios involving business negotiations, joint ventures, consulting relationships, or any situation where parties need to protect their business interests while defining their working relationship. The agreement includes comprehensive provisions for confidentiality, non-circumvention, and specific working terms, making it suitable for both domestic and international business relationships within the Austrian legal framework.
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1. Parties: Identification and details of all contracting parties
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Non-Circumvention Obligations: Core provisions preventing parties from bypassing each other in business dealings
5. Confidentiality Obligations: Detailed provisions regarding the protection and handling of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Working Relationship Terms: Framework for the business relationship and collaboration between parties
8. Duration and Termination: Term of the agreement and conditions for termination
9. Return of Confidential Information: Procedures for returning or destroying confidential information
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction details
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions regarding IP ownership and usage - include when IP transfer or licensing is part of the relationship
2. Data Protection Compliance: Specific GDPR and DSG compliance provisions - include when personal data processing is involved
3. Non-Solicitation: Prevents parties from soliciting each other's employees or clients - include for business relationships with shared client exposure
4. Insurance Requirements: Specific insurance obligations - include for high-risk or regulated industry relationships
5. Audit Rights: Rights to audit compliance with the agreement - include for complex business relationships or regulated industries
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value relationships
1. Schedule A - Confidential Information: Detailed list and categories of information deemed confidential
2. Schedule B - Authorized Representatives: List of individuals authorized to receive or handle confidential information
3. Schedule C - Working Terms: Detailed terms of the working relationship including scope, deliverables, and compensation
4. Schedule D - Security Protocols: Specific procedures for handling and protecting confidential information
5. Appendix 1 - Contact Details: Contact information for notices and authorized communications
6. Appendix 2 - Reporting Templates: Standard forms for required reporting under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Financial Services
Manufacturing
Professional Services
Healthcare & Biotechnology
Real Estate & Construction
Energy & Utilities
Telecommunications
Research & Development
Management Consulting
Investment & Private Equity
Industrial Engineering
International Trade
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Finance
Project Management
Research & Development
Commercial
Strategic Planning
Corporate Development
Procurement
Innovation
Investment
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Project Manager
Management Consultant
Investment Director
Chief Technology Officer
Business Partner
Operations Director
Contract Manager
Strategic Alliance Manager
Innovation Director
Research Director
Commercial Director
Chief Operating Officer
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