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NDA And NCA Agreement

NDA And NCA Agreement Template for Austria

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Key Requirements PROMPT example:

NDA And NCA Agreement

"I need an NDA and NCA Agreement for hiring senior software developers in Austria who will have access to our proprietary AI algorithms and customer data, with the non-compete period starting January 2025 and lasting for 12 months post-employment."

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Document background
This NDA and NCA Agreement is designed for use in Austrian business and employment relationships where protection of confidential information and prevention of competitive activities are essential. The document is particularly relevant when sharing sensitive business information or establishing employment relationships that require post-termination restrictions. It encompasses provisions compliant with Austrian law regarding trade secrets protection, competition regulations, and employment law requirements. The agreement is structured to protect legitimate business interests while ensuring enforceability under Austrian jurisdiction, with specific attention to the reasonableness of non-compete restrictions in terms of duration, geographical scope, and scope of prohibited activities. It includes detailed provisions for handling confidential information, permitted disclosures, and the consequences of breach.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the NDA and NCA

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Territory'

4. Confidentiality Obligations: Core NDA provisions detailing the scope of confidential information and obligations to maintain secrecy

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

6. Non-Compete Obligations: Scope of prohibited competitive activities, geographical limitations, and duration in compliance with Austrian law

7. Duration and Survival: Term of the agreement and which provisions survive termination

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR and Austrian DSG, required when confidential information includes personal data

2. Employee Restrictions: Additional provisions for when the agreement covers restrictions on hiring or soliciting employees

3. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patentable inventions or other IP

4. Competition Law Compliance: Specific provisions ensuring compliance with Austrian and EU competition laws, particularly relevant for agreements between competitors

5. Severability and Blue Pencil: Provisions allowing court modification of unenforceable terms, particularly relevant for non-compete restrictions

6. Consideration: Details of any compensation provided for non-compete obligations, required when agreement is post-employment

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Restricted Activities: Detailed description of prohibited competitive activities

3. Schedule 3 - Territory: Detailed definition of geographical scope for non-compete restrictions

4. Schedule 4 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

5. Appendix A - Security Measures: Required security measures for protecting confidential information

6. Appendix B - Return/Destruction Certificate: Form for certifying the return or destruction of confidential information

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

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Financial Services

Professional Services

Research & Development

Healthcare

Biotechnology

Software Development

Engineering

Consumer Goods

Industrial Products

Telecommunications

Energy

Automotive

Relevant Teams

Legal

Human Resources

Research and Development

Product Development

Sales

Executive Leadership

Information Technology

Business Development

Operations

Finance

Engineering

Marketing

Strategy

Innovation

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Research Scientist

Sales Director

Product Manager

Business Development Manager

Technical Consultant

Project Manager

Senior Engineer

HR Director

Legal Counsel

Financial Controller

Operations Manager

Innovation Manager

Department Head

Account Executive

Strategic Advisor

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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