The Confidential Information Agreement is essential for businesses operating under Austrian jurisdiction who need to protect sensitive information during business negotiations, partnerships, or other commercial relationships. This document is particularly relevant when parties need to share trade secrets, technical know-how, business strategies, or other proprietary information while ensuring legal protection under Austrian law. The agreement typically includes specific provisions aligned with the Austrian Trade Secrets Act (Gesch盲ftsgeheimnisgesetz), GDPR requirements, and other relevant Austrian and EU regulations. It serves as a crucial tool for establishing clear confidentiality obligations, defining permitted uses of information, and setting out consequences for unauthorized disclosure.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Information Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Used when information will be shared with employees or contractors
3. Intellectual Property Rights: Included when confidential information involves IP rights
4. Non-Competition: Added when there are competitive concerns between the parties
5. Export Control: Required when information may be subject to export control regulations
6. Force Majeure: Optional clause for circumstances preventing performance
7. Insurance Requirements: Used when specific insurance coverage for data protection is needed
1. Description of Confidential Information: Detailed list or categories of confidential information covered
2. Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Security Protocols: Specific security measures and protocols to be followed
4. Form of Destruction Certificate: Template certificate confirming destruction of confidential information
5. Approved Subcontractors: List of approved subcontractors who may access the information
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