This International NDA Agreement template is specifically designed for cross-border business relationships where confidential information needs to be protected under Austrian law. It is particularly useful when Austrian companies engage with international partners, or when parties choose Austrian law as their governing law for its robust protection of business secrets and alignment with EU regulations. The agreement encompasses comprehensive provisions for protecting various types of confidential information, from trade secrets to technical know-how, while ensuring compliance with Austrian civil law, the Austrian Trade Secrets Act, and EU regulations including GDPR. It is structured to facilitate international enforcement and includes specific mechanisms for handling cross-border disputes, making it suitable for a wide range of business relationships from joint ventures to strategic partnerships.
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1. Parties: Identification of all contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Recipients'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be identified/marked
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 and to whom
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
11. General Provisions: Standard boilerplate provisions including severability, amendments, and entire agreement
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Additional provisions clarifying IP ownership and rights when relevant to the confidential information
3. Export Control: Provisions for compliance with international export control regulations when applicable
4. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors
5. Group Company Rights: Provisions extending rights to affiliated companies when parties are part of larger corporate groups
6. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)
7. Joint Venture/Project Specific Provisions: Special provisions when NDA is related to a specific project or joint venture
8. Insurance Requirements: Provisions requiring specific insurance coverage for confidential information breaches
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Data Processing Terms: Detailed data processing terms when personal data is involved (GDPR compliance)
5. Appendix A - Contact Details: Contact information for key personnel and notices
6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized recipients to sign
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Pharmaceutical and Healthcare
Financial Services
Professional Services
Research and Development
Automotive
Energy and Utilities
Telecommunications
Consumer Goods
Industrial Products
Life Sciences
Media and Entertainment
Real Estate and Construction
Transportation and Logistics
Relevant Teams
Legal
Compliance
Business Development
Research and Development
Information Technology
Information Security
Corporate Governance
Risk Management
Procurement
International Operations
Innovation
Strategic Partnerships
Intellectual Property
Data Protection
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Business Development Manager
Chief Technology Officer
Research Director
Project Manager
Procurement Manager
Innovation Manager
Strategic Partnerships Director
International Business Director
Compliance Officer
Data Protection Officer
Corporate Secretary
Head of Risk Management
Chief Information Security Officer
Head of Intellectual Property
Chief Operating Officer
Commercial Director
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