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Mutual NDA
"I need a Mutual NDA under Austrian law for a potential joint venture between my software development company and a manufacturing firm, with specific provisions for protecting source code and manufacturing processes, to be effective from March 2025."
1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets' as defined under Austrian law
4. Confidentiality Obligations: Core mutual obligations regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Information Security Measures: Required technical and organizational measures to protect confidential information
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and surviving obligations
9. Breach and Remedies: Consequences of breach and available remedies under Austrian law
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions specifically addressing GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and licensing when confidential information includes IP
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Provisions addressing export control regulations when parties are sharing technical data across borders
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors
6. Force Majeure: Provisions addressing extraordinary circumstances affecting confidentiality obligations
1. Schedule 1 - Specified Information: Detailed list of specific categories of confidential information covered by the agreement
2. Schedule 2 - Security Measures: Detailed technical and organizational measures required for protecting confidential information
3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information
4. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved
Authors
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Research & Development
Education
Biotechnology
Real Estate
Energy
Telecommunications
Media & Entertainment
Retail
Automotive
Consulting
Legal
Executive Leadership
Business Development
Research & Development
Human Resources
Finance
Operations
Procurement
Innovation
Compliance
Information Technology
Strategic Planning
Product Development
Corporate Development
Investment
Chief Executive Officer
Managing Director
Legal Counsel
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Procurement Manager
Innovation Manager
Partnership Manager
Investment Director
Department Head
Compliance Officer
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