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Subcontractor Confidentiality Agreement

Subcontractor Confidentiality Agreement Template for Austria

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Key Requirements PROMPT example:

Subcontractor Confidentiality Agreement

"I need a Subcontractor Confidentiality Agreement under Austrian law for an IT development project where we'll be sharing sensitive source code and customer data with an offshore development team, with special emphasis on GDPR compliance and cross-border data transfer restrictions."

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Document background
The Subcontractor Confidentiality Agreement is essential for businesses operating in Austria who engage subcontractors and need to protect their confidential information, trade secrets, and personal data. This document is particularly relevant when a main contractor needs to share sensitive business information with subcontractors during project execution or service delivery. The agreement incorporates requirements from Austrian civil law, the GDPR, Austrian Data Protection Act (DSG), and other relevant legislation, making it compliant with both national and EU regulations. It should be used before any confidential information is shared with subcontractors and includes specific provisions for data handling, security measures, and breach remedies. The agreement is structured to be enforceable under Austrian law while providing practical protections for business interests.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the relationship, reference to main contract, and purpose of the confidentiality agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Personal Data', 'Permitted Purpose', and 'Authorized Representatives'

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the scope of protection

5. Confidentiality Obligations: Core obligations regarding handling, protection, and non-disclosure of confidential information

6. Data Protection Compliance: GDPR and Austrian DSG compliance requirements, including data processing obligations

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and legal requirements

8. Security Measures: Required technical and organizational measures to protect confidential information

9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request

10. Duration and Survival: Term of the agreement and survival of obligations after termination

11. Breach and Remedies: Consequences of breach, including injunctive relief and damages

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and licensing - include when confidential information includes IP assets

2. Non-Competition: Restrictions on competitive activities - include when there's a specific risk of competition

3. Non-Solicitation: Restrictions on soliciting employees or clients - include when relevant to the business relationship

4. Audit Rights: Right to audit compliance with confidentiality obligations - include for high-risk or regulated industries

5. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value or high-risk relationships

6. Cross-Border Transfers: Specific provisions for international data transfers - include when information will cross borders

7. Force Majeure: Provisions for extraordinary events - include when long-term relationship is contemplated

Suggested Schedules

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

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

3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required

4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved

5. Appendix A - Form of Confidentiality Undertaking: Template for individual confidentiality undertakings by employees/representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Information Technology

Construction

Manufacturing

Professional Services

Healthcare

Financial Services

Telecommunications

Research and Development

Engineering

Consulting

Defense

Energy

Automotive

Relevant Teams

Legal

Procurement

Information Security

Compliance

Risk Management

Operations

Supply Chain

Information Technology

Human Resources

Project Management

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Project Manager

Contract Manager

Data Protection Officer

Chief Information Security Officer

Risk Manager

Operations Director

Supply Chain Manager

Vendor Manager

Compliance Officer

Business Development Manager

IT Manager

Chief Technology Officer

Human Resources Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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