This Non Disclosure Agreement Management document serves as a comprehensive framework for organizations operating under Austrian jurisdiction to effectively handle confidentiality agreements. It addresses the complete lifecycle of NDAs, from initiation to termination, ensuring compliance with Austrian legal requirements including the ABGB, UWG, and GDPR. The document is particularly crucial for organizations regularly dealing with sensitive information, intellectual property, and trade secrets, providing structured guidance on risk assessment, approval processes, and ongoing monitoring of confidentiality obligations. It includes specific provisions for different types of business relationships and various categories of confidential information, making it adaptable to different business contexts while maintaining legal compliance.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required measures to protect and safeguard confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including notices, amendments, governing law, and jurisdiction
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Employee and Contractor Obligations: Used when the receiving party needs to share information with employees or contractors
3. Intellectual Property Rights: Included when confidential information involves IP rights or when development work is contemplated
4. Non-Solicitation: Optional provision preventing solicitation of employees or customers
5. Export Control: Required when confidential information is subject to export control regulations
6. Reverse Engineering Prohibition: Important when protecting technical information or trade secrets
7. Competing Projects: Used when parties may be involved in similar projects with other partners
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Approved Third Party Recipients: Pre-approved third parties who may receive the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
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