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Data Confidentiality Agreement

Data Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Data Confidentiality Agreement

"I need a Data Confidentiality Agreement under Austrian law for sharing sensitive medical research data with a pharmaceutical company, including GDPR compliance and specific provisions for handling patient data, to be effective from March 2025."

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Document background
This Data Confidentiality Agreement is essential for businesses and organizations operating under Austrian jurisdiction who need to share sensitive or proprietary information while ensuring legal protection. The document is particularly relevant in scenarios involving business negotiations, partnerships, service provider relationships, or any situation where confidential information needs to be disclosed to another party. It incorporates specific provisions required under Austrian law, including compliance with the Austrian Data Protection Act (DSG) and GDPR requirements, while addressing potential cross-border data transfer issues within the EU framework. The agreement is designed to protect various types of confidential information, from trade secrets and intellectual property to personal data, making it suitable for both domestic Austrian operations and international business relationships involving Austrian entities.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Data Protection Laws'

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

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

7. Data Protection Compliance: GDPR and DSG compliance requirements, including data processing principles and data subject rights

8. Security Measures: Required technical and organizational measures to protect confidential information

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

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Transfer Mechanisms: Required when confidential information includes personal data transferred outside the EEA

2. Audit Rights: Optional section granting rights to audit compliance with the agreement

3. Insurance Requirements: Required when handling particularly sensitive or valuable information

4. Employee and Subcontractor Obligations: Detailed provisions for when confidential information will be accessed by employees or subcontractors

5. Intellectual Property Rights: Required when confidential information includes IP-protected materials

6. Non-Competition Provisions: Optional restrictions on competitive activities, subject to Austrian competition law

7. Data Breach Notification: Detailed procedure for handling data breaches, recommended for high-risk data

8. Survival Clauses: Specific provisions that continue after termination, recommended for long-term sensitive information

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered

2. Schedule 2 - Security Requirements: Technical and organizational security measures required for data protection

3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access confidential information

4. Schedule 4 - Data Processing Details: Required for GDPR compliance if personal data processing is involved

5. Schedule 5 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

6. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses for international data transfers if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Information Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Research & Development

Biotechnology

Telecommunications

Energy

Legal Services

Consulting

Education

Pharmaceuticals

Defense

Real Estate

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Human Resources

Procurement

Research and Development

Business Development

Executive Leadership

IT Operations

Risk Management

Corporate Affairs

Intellectual Property

Contract Administration

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Manager

Compliance Director

Legal Counsel

Contract Manager

Information Security Officer

HR Director

Business Development Manager

Project Manager

Chief Technology Officer

Research Director

Procurement Manager

Chief Executive Officer

Risk Manager

Operations Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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