This Technology Non-Disclosure Agreement is essential for businesses and organizations sharing sensitive technical information in Austria. It should be used when parties need to exchange confidential technical data, proprietary technology information, software code, technical specifications, or research and development information. The document is specifically structured to comply with Austrian legal requirements, including the Austrian Trade Secrets Act and relevant EU regulations such as GDPR. It provides comprehensive protection while enabling necessary technical collaboration, and is particularly relevant for technology transfers, joint ventures, technical due diligence, software development projects, and R&D partnerships. The agreement includes specific provisions for technical data protection, security measures, and handling procedures required under Austrian law.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the relationship and purpose of sharing confidential technical information
3. Definitions: Detailed definitions including 'Confidential Information', 'Technical Data', 'Permitted Purpose', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential technical information, including specific technical categories
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information
6. Authorized Recipients: Provisions regarding who may access the confidential information and under what conditions
7. Security Measures: Required technical and organizational measures for protecting confidential information
8. Term and Termination: Duration of confidentiality obligations and termination provisions
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Breach and Remedies: Consequences of breach and available remedies under Austrian law
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Include when technical information involves patents, copyright, or other IP rights
3. Export Control: Required when technical information may be subject to export control regulations
4. Non-Competition: Optional provisions restricting competitive activities, subject to Austrian competition law
5. Residual Knowledge: Optional clause addressing use of non-confidential technical knowledge retained in memory
6. Source Code Protection: Required when protecting software source code or related technical documentation
7. Third Party Disclosure: Include when third party disclosure might be necessary for the permitted purpose
1. Schedule 1 - Technical Information Categories: Detailed list of types of technical information covered by the NDA
2. Schedule 2 - Security Protocols: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
4. Schedule 4 - Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information
5. Appendix A - Contact Details: Key contacts for notices and security incidents
6. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Biotechnology
Telecommunications
Electronics Manufacturing
Automotive Technology
Industrial Automation
Research & Development
Artificial Intelligence
Cloud Computing
IoT & Connected Devices
Cybersecurity
Clean Technology
Digital Healthcare
Fintech
Relevant Teams
Legal
Information Technology
Research & Development
Software Development
Product Development
Information Security
Technical Operations
Innovation
Intellectual Property
Systems Architecture
Relevant Roles
Chief Technology Officer
Technical Director
Software Development Manager
R&D Manager
Chief Information Officer
IT Security Manager
Technical Project Manager
Systems Architect
Innovation Manager
Product Development Manager
Legal Counsel
IP Manager
Technology Transfer Officer
Research Director
Technical Consultant
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