This Unilateral NDA template is designed for use in situations where one party needs to share confidential business information with another party under Austrian law. It is particularly suitable for business negotiations, potential partnerships, vendor relationships, or consulting engagements where sensitive information needs to be protected. The document incorporates key requirements from Austrian legislation, including the Trade Secrets Act and GDPR, making it appropriate for use in Austrian jurisdiction or for Austrian entities. The agreement includes comprehensive provisions for defining confidential information, establishing security measures, and outlining remedies for breach, while maintaining compliance with Austrian legal requirements. This template should be used when a one-way flow of confidential information is anticipated, and the Disclosing Party requires robust protection for their sensitive business information.
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1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names, registration details, and addresses
2. Background: Context of the disclosure relationship and purpose of the agreement
3. Definitions: Definition of Confidential Information, Trade Secrets, Permitted Purpose, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations of the Receiving Party regarding protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which the Receiving Party may disclose information to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Data Protection: Additional section when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Section clarifying IP ownership when confidential information includes IP-sensitive material
3. Export Control: Required when confidential information may be subject to export control regulations
4. Insurance: Optional requirements for insurance coverage by the Receiving Party
5. Audit Rights: Optional rights for the Disclosing Party to audit compliance
6. Survival: Specific provisions about which obligations survive termination
7. Assignment: Restrictions on assignment of rights and obligations
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients/employees
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