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NDA Data Protection Template for Austria

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Key Requirements PROMPT example:

NDA Data Protection

"I need an NDA Data Protection agreement to be used with our new cloud service provider starting January 2025, which will handle sensitive customer data and business information across multiple EU countries, with Austrian law governing the agreement."

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Document background
This Combined NDA and Data Protection Agreement is designed for situations where parties need to share both confidential business information and personal data in Austria. The document is particularly relevant when entering into business relationships that involve the processing of personal data alongside confidential information exchange. It incorporates requirements from the EU GDPR, Austrian Data Protection Act (DSG), and Austrian civil law, making it suitable for both domestic and international business relationships involving Austrian entities. The agreement should be used when standard NDAs would be insufficient due to the presence of personal data processing activities. This comprehensive document ensures compliance with both confidentiality requirements and data protection regulations, while maintaining the flexibility to adapt to various business contexts.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal representatives and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data

3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, and other relevant GDPR terminology

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Data Protection Obligations: GDPR-compliant obligations regarding the processing of personal data, including legal basis and data protection principles

7. Security Measures: Technical and organizational measures required to protect both confidential information and personal data

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon termination

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Breach and Remedies: Consequences of breach, including notification requirements for data breaches and available remedies

12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors

2. International Data Transfers: Required when personal data may be transferred outside the EEA, including appropriate safeguards

3. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes trade secrets or proprietary technology

4. Data Subject Rights: Detailed procedures for handling data subject requests when extensive personal data processing is involved

5. Audit Rights: Provisions allowing the disclosing party to audit compliance, particularly relevant for long-term or high-risk relationships

6. Insurance Requirements: Obligations to maintain specific insurance coverage, particularly for high-value or sensitive information

7. Separate Data Processing Agreement: Reference to a separate DPA when extensive personal data processing occurs

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

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

3. Schedule 3 - Technical and Organizational Measures: Detailed description of security measures implemented to protect confidential information and personal data

4. Schedule 4 - Data Processing Details: If applicable, details of personal data processing including categories of data, purposes, and duration

5. Schedule 5 - Data Breach Response Plan: Procedures and contact details for handling data breaches and security incidents

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






























Clauses

























Relevant Industries

Information Technology

Healthcare

Financial Services

Professional Services

Research and Development

Pharmaceuticals

Manufacturing

Telecommunications

Education

Legal Services

Human Resources

Consulting

Software Development

Biotechnology

E-commerce

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Human Resources

Information Technology

Research and Development

Operations

Procurement

Business Development

Risk Management

Project Management

Executive Leadership

Information Management

Privacy

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

IT Security Manager

Project Manager

Human Resources Director

Chief Information Security Officer

Business Development Manager

Research Director

Technology Officer

Procurement Manager

Operations Manager

Chief Executive Officer

Information Security Analyst

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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