Nondisclosure Agreement

Nondisclosure Agreement Template for Austria

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Key Requirements PROMPT example:

"I need a Nondisclosure Agreement under Austrian law for my software company to protect our source code and development plans when working with an external IT consultant starting March 2025, with special attention to data protection requirements and intellectual property rights."

Document background

This Nondisclosure Agreement serves as a crucial legal instrument for businesses and individuals operating under Austrian jurisdiction who need to protect confidential information during business discussions, due diligence processes, or ongoing commercial relationships. The document is particularly relevant when parties need to share sensitive business information, trade secrets, technical knowledge, or proprietary data. It incorporates key provisions required under Austrian law, including the Unfair Competition Act (UWG) and Civil Code (ABGB), while also addressing EU regulatory requirements such as GDPR compliance. The agreement is commonly used before entering into detailed business negotiations, during merger and acquisition processes, in employment contexts, or when engaging with external consultants or service providers.

Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to third parties

7. Term and Survival: Duration of the agreement and surviving obligations

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Additional section when confidential information includes personal data subject to GDPR

2. Employee and Contractor Obligations: Additional provisions when the receiving party needs to share information with employees or contractors

3. Intellectual Property Rights: Section clarifying IP ownership when confidential information includes IP-sensitive material

4. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the business relationship

5. Export Control: Required when confidential information may be subject to export control regulations

6. Force Majeure: Optional clause for circumstances preventing performance of obligations

7. Insurance Requirements: Optional section requiring specific insurance coverage for handling confidential information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4 - Approved Third-Party Recipients: Pre-approved third parties who may receive confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives or third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Telecommunications

Software Development

Pharmaceuticals

Consumer Goods

Industrial Engineering

Media & Entertainment

Relevant Teams

Legal

Human Resources

Research and Development

Executive Leadership

Business Development

Procurement

Information Technology

Finance

Operations

Intellectual Property

Corporate Development

Security

Compliance

Innovation

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Chief Technology Officer

Research Director

Human Resources Director

Project Manager

Investment Manager

Procurement Manager

Chief Financial Officer

Operations Director

Innovation Manager

Commercial Director

Intellectual Property Manager

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Authors

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