The Security Non-Disclosure Agreement is essential for organizations sharing sensitive information that requires specific security protocols and measures beyond standard confidentiality provisions. This document is particularly relevant in the Austrian legal context, where strict data protection laws and EU GDPR compliance are paramount. It should be used when parties need to establish detailed security requirements for handling confidential information, including specific technical measures, access controls, and breach notification procedures. The agreement incorporates Austrian civil law requirements while addressing modern security challenges, making it suitable for both digital and physical information protection. It's particularly important for technology implementations, security services engagement, or any situation where detailed security protocols need to be established alongside confidentiality obligations.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Security Requirements', 'Authorized Persons', 'Security Breach', and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and security requirements
5. Security Obligations: Specific security measures and protocols that must be followed when handling confidential information
6. Permitted Use and Disclosure: Conditions under which confidential information may be used or disclosed, including to authorized persons
7. Data Protection Compliance: GDPR and DSG compliance requirements and data handling procedures
8. Security Breach Procedures: Steps to be taken in case of actual or suspected security breaches
9. Return or Destruction of Information: Procedures for returning or destroying confidential information upon request or termination
10. Term and Survival: Duration of the agreement and obligations that survive termination
11. Remedies and Indemnification: Legal remedies available in case of breach, including injunctive relief and damages
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
13. Execution: Signature blocks and execution requirements
1. Subcontractors and Third Parties: Include when the receiving party may need to share information with subcontractors or other third parties
2. International Transfer Restrictions: Include when confidential information may be transferred outside Austria or the EU
3. Technical Security Requirements: Include when specific technical security measures or standards must be followed
4. Physical Security Requirements: Include when physical security measures for hardcopy documents or physical access need to be specified
5. Audit Rights: Include when the disclosing party requires rights to audit the receiving party's security measures
6. Insurance Requirements: Include when specific insurance coverage for data breaches or security incidents is required
7. Employee Training Requirements: Include when specific security training requirements need to be imposed on employees
8. Competition Restrictions: Include when additional non-compete or non-solicitation provisions are necessary
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Security Protocols: Detailed technical and operational security requirements and procedures
3. Schedule 3 - Authorized Persons: List of individuals authorized to access confidential information
4. Appendix A - Security Incident Report Form: Template for reporting security breaches or incidents
5. Appendix B - Information Destruction Certificate: Template for certifying destruction of confidential information
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