This Non Disclosure Agreement Form is essential for businesses and individuals operating under Austrian jurisdiction who need to protect sensitive information during business discussions, negotiations, or employment relationships. The document is designed to comply with Austrian civil law, particularly the ABGB (Austrian Civil Code) and EU GDPR requirements, making it suitable for protecting various types of confidential information, including trade secrets, business plans, technical data, and personal data. It should be used whenever parties need to share sensitive information in contexts such as business partnerships, employment relationships, vendor agreements, or investment discussions. The agreement includes comprehensive provisions for data protection, permitted uses, and enforcement mechanisms specific to Austrian legal requirements.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definition of confidential information, parties, permitted purpose, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and prohibited uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
7. Data Protection: GDPR compliance provisions and data protection obligations
8. Term and Termination: Duration of the agreement and termination provisions
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Remedies: Legal remedies available under Austrian law for breach of confidentiality
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Special Categories of Data: Additional provisions for handling sensitive personal data under GDPR - include when personal data processing is involved
2. Employee Obligations: Specific provisions for employee NDAs - include when the agreement is with employees
3. Intellectual Property Rights: Provisions clarifying IP ownership - include when confidential information includes IP
4. Export Control: Provisions for international data transfers - include for cross-border agreements
5. Non-Solicitation: Restrictions on soliciting employees or customers - include when business relationship involves access to personnel/customer information
6. Competing Activities: Restrictions on competing activities - include when sharing business-sensitive information
7. Third Party Rights: Provisions regarding third party beneficiaries - include in group company situations
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Measures: Technical and organizational measures for protecting confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of types of confidential information covered
5. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
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