A Personal Information Confidentiality Agreement is essential when parties need to share or process personal data in Austria, whether in an employment, business, or service provision context. This document is specifically drafted to comply with Austrian data protection laws and the EU GDPR, making it suitable for use by organizations operating in Austria or handling personal data of Austrian residents. It should be used whenever there is a need to protect personal information being shared between parties, particularly in situations involving sensitive data processing, employee data handling, or third-party service provision. The agreement includes comprehensive provisions for data protection, security measures, and breach notification procedures, while incorporating specific requirements under Austrian law for both data protection and contractual obligations.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing personal information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject' and other GDPR-relevant terminology
4. Scope of Confidential Information: Detailed description of what personal information is covered by the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, handling, and non-disclosure of personal information
6. Data Protection Compliance: Specific obligations under GDPR and Austrian Data Protection Act, including data processing principles and data subject rights
7. Security Measures: Required technical and organizational measures to protect personal information
8. Term and Termination: Duration of the agreement and conditions for termination
9. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
10. Breach Notification: Procedures for reporting any breaches or unauthorized disclosures
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal information may be transferred outside the EU/EEA
2. Subprocessing: Include when the receiving party may need to engage subcontractors to process the information
3. Employment-Specific Provisions: Required when the agreement is part of an employment relationship
4. Intellectual Property Rights: Include when confidential information may include or relate to intellectual property
5. Insurance Requirements: Include when specific insurance coverage for data protection is required
6. Audit Rights: Optional section granting rights to audit compliance with the agreement
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories covered by the agreement
2. Schedule 2 - Authorized Purposes: Specific purposes for which the personal information may be processed
3. Schedule 3 - Security Measures: Detailed description of required technical and organizational security measures
4. Schedule 4 - Authorized Personnel: List of personnel authorized to access the confidential information
5. Appendix A - Data Processing Agreement: GDPR-compliant data processing agreement if required
6. Appendix B - Breach Notification Procedure: Detailed procedure for handling and reporting data breaches
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