The Financial Confidentiality Agreement is essential for businesses operating in Austria's financial sector where sensitive financial information needs to be shared between parties. This document is particularly crucial when financial institutions, corporations, or professional services firms need to exchange confidential financial data, proprietary information, or customer details. The agreement ensures compliance with Austrian legal requirements, including the Austrian Banking Act (BWG), Civil Code (ABGB), and EU GDPR, while providing robust protection for confidential information. It's commonly used in financial transactions, due diligence processes, professional engagements, and financial advisory relationships where parties need to share sensitive financial data while maintaining strict confidentiality and regulatory compliance.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement, nature of the financial relationship, and purpose of information sharing
3. Definitions: Detailed definitions of Confidential Information, Financial Data, Permitted Purpose, Authorized Representatives, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including financial data, trade secrets, and proprietary information
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and regulatory authorities
7. Data Protection and GDPR Compliance: Specific provisions ensuring compliance with GDPR and Austrian data protection laws
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
10. Term and Survival: Duration of the agreement and surviving obligations
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Banking Secrecy Provisions: Additional provisions specifically for agreements involving banks or credit institutions subject to Austrian Banking Act
2. Market Abuse Prevention: Special provisions for agreements involving listed companies or market-sensitive information
3. Group Company Provisions: Additional terms for sharing with group companies or affiliates
4. International Transfer Provisions: Specific provisions for cross-border transfer of financial information
5. Regulatory Compliance: Additional compliance requirements for regulated financial institutions
6. Insurance Requirements: Specific insurance obligations for handling sensitive financial data
7. Audit Rights: Provisions allowing audit of confidentiality compliance measures
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Protocols: Detailed technical and organizational security measures to be implemented
3. Schedule 3 - Information Categories: Categorization of different types of confidential information and their handling requirements
4. Schedule 4 - Approved Subcontractors: List of approved third parties who may receive confidential information
5. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms where applicable
6. Appendix B - Information Return Form: Standard form for documenting return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Insurance
Investment Management
Private Equity
Corporate Finance
FinTech
Professional Services
Accounting
Asset Management
Capital Markets
Wealth Management
Regulatory Compliance
Risk Management
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Data Protection
Information Security
Regulatory Affairs
Internal Audit
Corporate Finance
Investment Banking
Operations
Relevant Roles
Chief Financial Officer
Financial Controller
Compliance Officer
Legal Counsel
Risk Manager
Investment Manager
Financial Analyst
Banking Executive
Finance Director
Treasury Manager
Data Protection Officer
Audit Manager
Corporate Finance Manager
Investment Banker
Financial Advisor
Privacy Officer
Regulatory Compliance Manager
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