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Non Disclosure Agreement (Insurance)
"I need a Non Disclosure Agreement (Insurance) under Austrian law for a data sharing arrangement between our insurance company and a third-party claims management provider, who will be processing sensitive claims data from January 2025."
1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms including 'Confidential Information', 'Insurance Business', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Data Protection and GDPR Compliance: Specific obligations regarding personal data protection under GDPR and Austrian law
8. Security Measures: Required security measures for protecting confidential information
9. Term and Survival: Duration of the agreement and surviving obligations
10. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
13. Execution: Signature blocks and execution requirements
1. Intellectual Property Rights: Additional provisions regarding IP rights when relevant to insurance products or systems
2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
3. Regulatory Compliance: Specific provisions for regulatory reporting and compliance when dealing with regulated entities
4. Third Party Rights: Provisions regarding the rights of third parties, particularly relevant for group companies
5. Insurance-Specific Carve-outs: Special exceptions for insurance industry practices and requirements
6. Audit Rights: Rights to audit compliance with the NDA, particularly important for regulated entities
7. Competition Law Compliance: Specific provisions when parties are competitors in the insurance market
1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures
4. Schedule 4 - Data Processing Requirements: Specific GDPR and data protection requirements and procedures
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or subcontractors
6. Appendix B - Information Return Certificate: Template certificate confirming return/destruction of confidential information
Authors
Insurance
Reinsurance
Financial Services
Healthcare
Technology
Professional Services
Risk Management
Actuarial Services
Insurance Broking
Claims Management
Regulatory Compliance
Data Protection
Legal
Compliance
Risk Management
Underwriting
Claims
Actuarial
Data Protection
Information Security
Operations
Business Development
Product Development
Broker Relations
Customer Service
IT
Human Resources
Finance
Chief Executive Officer
Chief Risk Officer
Chief Compliance Officer
Head of Underwriting
Claims Manager
Actuarial Manager
Data Protection Officer
Legal Counsel
Insurance Operations Manager
Business Development Manager
Reinsurance Manager
Product Development Manager
Risk Analyst
Compliance Analyst
Insurance Broker
Insurance Agent
Claims Adjuster
Underwriter
Actuary
IT Security Manager
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