Confidential Disclosure Agreement

Confidential Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

"I need a Confidential Disclosure Agreement under Austrian law for a potential joint venture between my tech startup and a manufacturing company, with special emphasis on protecting our software IP and including GDPR compliance provisions."

Document background

This Confidential Disclosure Agreement (CDA) template is designed for use under Austrian law when parties need to share sensitive information while ensuring its confidentiality. It's particularly relevant for business negotiations, due diligence processes, joint ventures, or any situation where proprietary information needs to be disclosed to another party. The document incorporates requirements from Austrian civil law, the EU Trade Secrets Directive as implemented in Austria, and where applicable, GDPR compliance measures. It protects various types of confidential information including trade secrets, technical know-how, business strategies, customer data, and intellectual property. The agreement is structured to provide comprehensive protection while remaining flexible enough to accommodate specific business needs and circumstances.

Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties, including registered addresses and company registration numbers

2. Background: Context of the agreement, purpose of sharing confidential information, and the business relationship between the parties

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Term and Survival: Duration of the agreement and survival of obligations after termination

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

10. Entire Agreement: Confirmation that this agreement represents the entire understanding between parties regarding confidential information

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data

2. Employee and Representative Obligations: Additional provisions when confidential information will be shared with employees or representatives

3. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-sensitive material

4. Security Measures: Specific technical and organizational measures required for protecting confidential information

5. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

6. Specific Project Requirements: Additional provisions related to specific projects or business opportunities

7. Competition Restrictions: Non-compete provisions, if applicable under Austrian law and relevant to the relationship

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Form of Representative Undertaking: Template for confidentiality undertaking to be signed by representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Biotechnology

Financial Services

Professional Services

Research & Development

Healthcare

Software Development

Industrial Engineering

Consumer Goods

Energy

Telecommunications

Education

Real Estate

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Project Management

Information Technology

Human Resources

Finance

Operations

Procurement

Corporate Development

Product Development

Innovation

Strategic Planning

Compliance

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Research Director

Project Manager

Chief Technology Officer

Head of Innovation

Investment Manager

Corporate Development Director

Chief Financial Officer

HR Director

Procurement Manager

Operations Director

Product Manager

Strategic Partnership Manager

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