The Advisory Board Confidentiality Agreement is essential for companies operating under Austrian law that engage external experts in advisory board positions. This document becomes necessary when companies need to share sensitive business information, strategic plans, or proprietary data with advisory board members while ensuring legal protection. It's particularly relevant in contexts where advisory board members may have access to trade secrets, financial projections, strategic initiatives, or other confidential information. The agreement must comply with Austrian civil law requirements, the Austrian Data Protection Act, and EU GDPR regulations, making it suitable for both domestic and international advisory board arrangements. It's designed to protect the company's interests while enabling effective advisory board functions.
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1. Parties: Identification of the company and the advisory board member
2. Background: Context of the advisory board appointment and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'Advisory Services', 'Board Materials'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return or Destruction of Confidential Information: Obligations regarding handling of confidential information upon termination
8. Term and Survival: Duration of the agreement and surviving obligations
9. Data Protection Compliance: Compliance with Austrian Data Protection Act and GDPR requirements
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Austrian law and competent courts
1. Intellectual Property Rights: Additional provisions regarding IP rights in advisory board materials, used when IP creation is expected
2. Insider Trading Compliance: Required for public companies or those planning to go public
3. Competition and Non-Solicitation: Additional restrictions, used when advisory board member has connections to competitors
4. Digital Security Measures: Specific requirements for digital security, used when sensitive digital assets are involved
5. Conflict of Interest: Detailed provisions about handling conflicts, used for advisory board members with multiple board positions
6. Export Control Compliance: Required when dealing with international trade-sensitive information
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Approved Security Protocols: Specific security measures for handling confidential information
3. Schedule 3 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by permitted recipients
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare and Pharmaceuticals
Financial Services
Manufacturing
Energy and Utilities
Professional Services
Biotechnology
Telecommunications
Real Estate
Consumer Goods
Industrial Technology
Media and Entertainment
Education and Research
Automotive
Relevant Teams
Legal
Compliance
Corporate Governance
Board Secretariat
Risk Management
Executive Office
Corporate Affairs
Regulatory Affairs
Relevant Roles
Chief Executive Officer
General Counsel
Corporate Secretary
Board Secretary
Legal Director
Compliance Officer
Advisory Board Member
External Advisor
Non-Executive Director
Corporate Governance Officer
Risk Management Officer
Head of Legal
Chief Financial Officer
Strategy Director
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