A Mutual Non Disclosure Agreement (NDA) is essential when two organizations need to share sensitive information while maintaining confidentiality during business discussions, negotiations, or collaborative projects. This Austrian law-governed agreement is particularly suitable for business relationships where both parties will be sharing confidential information with each other, such as in potential joint ventures, strategic partnerships, or complex business transactions. The document ensures compliance with Austrian legal requirements, including the Austrian Civil Code (ABGB), Commercial Code (UGB), and Trade Secrets Act (UWG), while also addressing EU-level regulations such as GDPR. It typically covers various types of confidential information including trade secrets, technical know-how, business strategies, customer data, and intellectual property, providing comprehensive protection for both parties' sensitive information.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, registration numbers, and registered addresses
2. Background: Brief context explaining why the parties are entering into the NDA and the purpose of their information exchange
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Provisions that continue after termination of the agreement
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution provisions
1. Data Protection Compliance: Specific provisions addressing GDPR compliance when personal data is involved
2. Intellectual Property Rights: Clarification that the NDA does not transfer any IP rights
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Publicity: Restrictions on public announcements about the relationship
5. Independent Contractors: Clarification that the parties are independent contractors when relevant for business relationships
6. Assignment: Rights and restrictions regarding assignment of the agreement
7. Prior Agreements: Relationship to any prior confidentiality agreements between the parties
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3 - Specific Types of Confidential Information: Detailed categorization of different types of confidential information covered
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Healthcare and Life Sciences
Financial Services
Real Estate
Energy and Utilities
Telecommunications
Research and Development
Consumer Goods
Industrial Services
Media and Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Procurement
Human Resources
Information Technology
Finance
Operations
Strategic Planning
Corporate Communications
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Project Manager
Research Director
Head of Innovation
Commercial Director
Procurement Manager
Human Resources Director
Operations Manager
Strategic Partnership Manager
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