The Non Disclosure Agreement Compensation document is designed for situations where one party (the disclosing party) shares sensitive business, technical, or proprietary information with another party (the receiving party) who receives compensation for maintaining confidentiality. This agreement type is particularly relevant in Austria for consulting arrangements, technology evaluation, expert advisory services, or specialized knowledge transfer scenarios. It combines traditional confidentiality protections with structured compensation provisions, ensuring compliance with Austrian civil law, trade secrets legislation, and data protection requirements. The document is especially useful when the receiving party needs to be compensated for their time and expertise in reviewing and maintaining the confidentiality of sensitive information, while providing legal protection for the disclosing party's valuable information assets.
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1. Parties: Identification of the disclosing party and receiving party with full legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the basis for compensation
3. Definitions: Key terms including 'Confidential Information', 'Compensation', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Compensation Terms: Details of compensation amount, payment schedule, and conditions for payment
7. Permitted Uses and Disclosures: Specified purposes for which the confidential information may be used and circumstances under which disclosure is permitted
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies under Austrian law
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Section addressing ownership and IP rights when the confidential information includes IP - used when IP assets are specifically involved
2. Employee and Contractor Obligations: Additional provisions for ensuring compliance by receiving party's employees/contractors - used when information will be shared with team members
3. Data Protection Compliance: Specific GDPR and DSG compliance provisions - used when personal data is involved
4. Non-Competition Provisions: Restrictions on competitive activities - used when sharing highly sensitive commercial information
5. Audit Rights: Rights to audit compliance with the agreement - used for high-value or high-risk information sharing
6. Insurance Requirements: Obligations to maintain specific insurance coverage - used for high-value agreements
7. Representative Warranties: Additional warranties regarding authority and information accuracy - used in complex commercial relationships
1. Schedule A - Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule B - Compensation Structure: Detailed breakdown of compensation amounts, calculation methods, and payment terms
3. Schedule C - Authorized Representatives: List of authorized representatives who may receive or handle confidential information
4. Schedule D - Security Protocols: Specific security measures and protocols required for protecting the confidential information
5. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or contractors who will access confidential information
6. Appendix 2 - Destruction Certificate: Template certificate confirming destruction of confidential information when required
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