The Non-Disclosure Contract is essential for businesses operating under Austrian law who need to protect sensitive information during commercial relationships, negotiations, or potential partnerships. It is particularly relevant in today's business environment where intellectual property and confidential information are crucial assets. This document ensures compliance with Austrian legal requirements, including the Austrian Civil Code (ABGB), Trade Secrets Act, and where applicable, data protection regulations (DSG and GDPR). The agreement is designed to be used when parties need to share sensitive information such as trade secrets, technical know-how, customer data, or business strategies, while establishing clear legal protections and remedies under Austrian jurisdiction.
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1. Parties: Identification and details of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit obligations regarding its protection
5. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed, including to authorized personnel
6. Protection Measures: Security measures and standards required to protect confidential information
7. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach, including legal remedies and liquidated damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR/DSG
2. Employee and Contractor Obligations: Used when the receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Needed when confidential information includes IP-protected materials
4. Non-Solicitation Provisions: Optional protection against hiring away employees or contractors exposed to confidential information
5. Competition Law Compliance: Required when parties are competitors or the NDA could affect market competition
6. Exit Clause: Optional early termination provisions for longer-term NDAs
7. Publicity and Announcements: Controls on public statements about the business relationship
8. Insurance Requirements: Used for high-value or high-risk confidential information requiring specific insurance coverage
1. Schedule 1: Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2: Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3: Security Protocols: Specific technical and organizational measures required for protecting confidential information
4. Appendix A: Form of Confidentiality Undertaking: Template for additional confidentiality agreements to be signed by authorized recipients
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