The Financial Non-Disclosure Agreement under Austrian law is essential for businesses and financial institutions sharing sensitive financial information during due diligence, negotiations, or ongoing business relationships. This document is particularly relevant when parties need to exchange confidential financial data such as business plans, financial statements, investment strategies, or proprietary trading information. It ensures compliance with Austrian legal requirements, including the Austrian Banking Act (BWG), Data Protection Act (DSG), and relevant EU regulations. The agreement is structured to provide robust protection for financial information while facilitating necessary business communications and maintaining compliance with regulatory obligations. It is commonly used in financial transactions, mergers and acquisitions, investment discussions, and other situations where financial confidentiality is paramount.
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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, nature of the financial relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Data', 'Trade Secrets', 'Authorized Personnel', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the financial context
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Regulatory Compliance: Additional provisions for compliance with specific financial regulations - include when parties are regulated financial institutions
2. Data Protection: Specific GDPR compliance provisions - include when personal data is involved
3. Information Security Standards: Detailed IT security requirements - include for digital financial information
4. Audit Rights: Rights to audit compliance with the NDA - include for high-risk or regulated relationships
5. Insurance Requirements: Specific insurance obligations - include for high-value financial information
6. Third Party Rights: Provisions regarding affiliated companies and third party beneficiaries - include for group structures
7. Anti-Money Laundering Provisions: Specific AML compliance requirements - include for financial institutions
8. Competition Law Compliance: Provisions ensuring compliance with competition laws - include when parties are competitors
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial information covered
2. Schedule 2 - Authorized Personnel: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing any personal data
5. Schedule 5 - Destruction Certificates: Template certificates for confirming destruction of confidential information
6. Appendix A - Contact Details: Contact information for key personnel and notices
7. Appendix B - Information Handling Procedures: Step-by-step procedures for handling confidential information
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