The Non-Disclosure Letter is a critical business document used when parties need to share sensitive information while maintaining confidentiality during initial business discussions, due diligence processes, or preliminary negotiations. This document type, governed by Austrian law, provides a more streamlined alternative to a full non-disclosure agreement while still offering robust legal protection. It incorporates key elements of Austrian civil law, trade secret protection regulations, and where applicable, data protection requirements under both Austrian law and the GDPR. The letter format is particularly suitable for situations requiring quick implementation of confidentiality obligations or when parties prefer a less formal approach than a full agreement. Common scenarios include business partnerships, potential investments, consultancy engagements, or preliminary project discussions.
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1. Sender Details: Full legal name and address of the disclosing party
2. Recipient Details: Full legal name and address of the receiving party
3. Date: Date of the letter
4. Subject Line: Clear indication that this is a confidentiality letter
5. Introduction: Brief context of the business relationship or purpose for sharing confidential information
6. Definition of Confidential Information: Clear specification of what constitutes confidential information in this context
7. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information
8. Duration: Period for which the confidentiality obligations remain in effect
9. Return or Destruction: Requirements for handling confidential information upon request or termination
10. Signature Block: Space for signatures of both parties with full legal names and titles
1. Permitted Disclosures: Used when specific exceptions to confidentiality need to be explicitly stated, such as disclosure to professional advisors or regulators
2. Non-Solicitation: Include when there's a need to prevent poaching of employees or clients
3. Intellectual Property Rights: Add when confidential information includes IP that needs specific protection
4. Data Protection Clause: Include when confidential information includes personal data subject to GDPR
5. Governing Law Statement: While Austrian law applies, this optional section can explicitly state this and include jurisdiction details
6. Notice Requirements: Add when specific notification procedures for breaches or required disclosures need to be detailed
1. Description of Purpose: Detailed description of the business purpose or project for which confidential information is being shared
2. Specific Information: Detailed list of specific documents, data, or information being classified as confidential
3. Authorized Representatives: List of individuals authorized to receive and handle the confidential information
4. Security Measures: Specific security protocols required for handling the confidential information
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