This Non Disclosure Agreement Price is essential for businesses operating under Austrian law who need to share sensitive pricing information with third parties. The document is commonly used in various business contexts, including supplier-customer relationships, merger discussions, tender processes, or strategic partnerships. It covers various types of pricing information such as cost structures, profit margins, discount schemes, pricing strategies, and market-specific pricing data. The agreement ensures compliance with Austrian commercial law, EU trade secrets regulations, and data protection requirements while providing robust protection mechanisms and clear enforcement pathways under Austrian jurisdiction. It's particularly crucial in competitive markets where pricing information represents a significant business advantage and requires strict confidentiality.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose of sharing pricing information
3. Definitions: Key terms including 'Confidential Information', 'Pricing Information', 'Authorized Personnel', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential pricing information, including pricing strategies, cost structures, and related financial data
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling of the confidential pricing information
6. Permitted Use: Specific authorized uses of the pricing information and restrictions on its use
7. Security Measures: Required security protocols for handling and storing pricing information
8. Duration and Survival: Term of the agreement and survival of obligations post-termination
9. Return or Destruction: Requirements for returning or destroying confidential pricing information
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: GDPR compliance measures when pricing information includes personal data
2. Merger/Acquisition Context: Additional provisions specific to due diligence in M&A situations
3. Tender Process Provisions: Special provisions for use of pricing information in tender or bidding processes
4. Audit Rights: Rights to audit compliance with the agreement
5. Insurance Requirements: Obligations to maintain specific insurance coverage
6. Third Party Disclosure: Provisions for sharing with authorized third parties like advisors or regulators
7. Competition Law Compliance: Specific provisions ensuring compliance with anti-trust regulations
1. Schedule 1 - Protected Pricing Information: Detailed list of specific pricing information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential pricing information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling the information
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