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Mutual NDA Template for Austria

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Key Requirements PROMPT example:

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."

Document background
This Mutual NDA template is specifically designed for use under Austrian law when two or more parties need to share confidential information while ensuring mutual protection of such information. The document is particularly relevant for business negotiations, potential partnerships, due diligence processes, or any situation where parties need to exchange sensitive information. The agreement includes comprehensive provisions addressing requirements under Austrian legislation, including the Trade Secrets Act and data protection laws, while incorporating necessary elements for GDPR compliance where personal data is involved. This template should be used when parties require reciprocal confidentiality obligations and need a robust framework for protecting their respective confidential information under Austrian jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions


























Clauses


























Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Education

Biotechnology

Real Estate

Energy

Telecommunications

Media & Entertainment

Retail

Automotive

Consulting

Relevant Teams

Legal

Executive Leadership

Business Development

Research & Development

Human Resources

Finance

Operations

Procurement

Innovation

Compliance

Information Technology

Strategic Planning

Product Development

Corporate Development

Investment

Relevant Roles

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

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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