This Digital Non-Disclosure Agreement template is designed for use under Austrian law when parties need to share confidential information through digital means. It is particularly relevant in today's business environment where remote collaboration and electronic information sharing are standard practices. The document incorporates provisions for electronic execution under the EU eIDAS Regulation and Austrian E-Government Act, while ensuring compliance with GDPR and Austrian trade secrets legislation. It is suitable for both business-to-business and business-to-individual relationships, covering various types of confidential information including technical data, business strategies, and intellectual property. The agreement includes specific provisions for digital security measures, electronic storage, and secure transmission of confidential information.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Authorized Purpose', 'Authorized Recipients', and 'Digital Format'
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 Use and Disclosure: Circumstances under which confidential information may be used or disclosed
7. Digital Security Measures: Required security measures for handling digital confidential information
8. Electronic Execution: Provisions regarding electronic signature validity and digital document handling
9. Term and Termination: Duration of the agreement and termination provisions
10. Return or Destruction of Information: Obligations regarding the return or secure destruction of confidential information, including digital copies
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Additional provisions when confidential information may need to be shared with third parties like contractors or advisors
2. Data Protection Compliance: Specific GDPR compliance provisions when personal data is involved in the confidential information
3. Cloud Storage Provisions: Specific requirements for storing confidential information in cloud services
4. International Transfer: Provisions for cross-border transfer of confidential information
5. Reverse Engineering: Specific prohibitions on reverse engineering when technical information is involved
6. Residual Knowledge: Provisions addressing use of residual knowledge by receiving party
7. Competition Restrictions: Non-compete or non-solicitation provisions if relevant to the business relationship
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Digital Platforms: Approved digital platforms or systems for sharing confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research and Development
Biotechnology
Telecommunications
E-commerce
Automotive
Energy
Education
Media and Entertainment
Consulting
Relevant Teams
Legal
Information Technology
Information Security
Compliance
Research and Development
Business Development
Human Resources
Procurement
Executive Leadership
Project Management
Product Development
Data Protection
Corporate Strategy
Innovation
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Software Engineer
Product Manager
Information Security Officer
Data Protection Officer
Human Resources Director
Procurement Manager
Innovation Manager
Strategic Partnership Director
Compliance Officer
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