Iron Clad Non Disclosure Agreement

Iron Clad Non Disclosure Agreement Template for Austria

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Key Requirements PROMPT example:

"I need an Iron Clad Non Disclosure Agreement under Austrian law for sharing proprietary AI technology with a potential development partner in Germany, with specific provisions for source code protection and data security protocols to be implemented by March 2025."

Document background

This Iron Clad Non Disclosure Agreement is designed for use in situations requiring the highest level of confidentiality protection under Austrian law. It is particularly suitable for high-value business transactions, sensitive intellectual property matters, or critical business negotiations where standard NDAs may not provide sufficient protection. The document incorporates comprehensive provisions aligned with Austrian civil and commercial law, EU regulations including GDPR, and the EU Trade Secrets Directive. It includes enhanced enforcement mechanisms, specific security protocols, and detailed procedures for handling confidential information. This agreement is typically used in scenarios such as potential mergers and acquisitions, joint venture negotiations, research and development partnerships, or when sharing sensitive technological or business information that requires maximum legal protection.

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 nature of the business relationship

3. Definitions: Comprehensive definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including both explicit and implicit information

5. Obligations of Confidentiality: Core confidentiality obligations, security measures, and standards of care required

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

7. Security Measures: Specific security protocols and measures required for protecting confidential information

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

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction for dispute resolution

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved

2. International Transfer Provisions: Additional provisions for cross-border transfer of confidential information

3. Competitive Restrictions: Non-compete and non-solicitation provisions, if applicable

4. Intellectual Property Rights: Specific provisions regarding IP rights in shared information

5. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations

6. Insurance Requirements: Specific insurance requirements for handling confidential information

7. Audit Rights: Provisions allowing audit of confidentiality measures

Suggested Schedules

1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list and categorization of confidential information covered

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures to be followed

4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under GDPR

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by authorized recipients

6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

Pharmaceutical

Financial Services

Professional Services

Research & Development

Healthcare

Biotechnology

Industrial Engineering

Telecommunications

Energy

Defense

Automotive

Chemical Industry

Software Development

Relevant Teams

Legal

Executive Leadership

Research & Development

Information Security

Corporate Development

Mergers & Acquisitions

Innovation

Business Development

Compliance

Information Technology

Product Development

Intellectual Property

Finance

Operations

Risk Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Chief Technology Officer

Chief Financial Officer

Research Director

Business Development Manager

Intellectual Property Manager

Corporate Development Director

Head of Innovation

Chief Information Security Officer

Chief Operations Officer

Project Manager

Compliance Officer

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