This NDA Between Two Companies is essential for businesses operating under Austrian jurisdiction that need to protect confidential information during business negotiations, due diligence processes, or other commercial relationships. The agreement is structured to comply with Austrian civil law requirements and EU regulations, particularly important when companies are exploring potential partnerships, joint ventures, or other business opportunities. It covers the definition of confidential information, permitted uses, security requirements, and obligations for protection of trade secrets. This template is specifically designed for company-to-company relationships, incorporating necessary provisions for corporate entities under Austrian law, including considerations for affiliated companies and authorized personnel. The document becomes particularly relevant in scenarios involving technology transfer, business negotiations, strategic partnerships, or any situation where proprietary information needs to be shared between corporate entities.
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1. Parties: Identification of the contracting companies, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
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 to authorized recipients
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Survival: Obligations that continue after termination
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Compliance with export control laws when information may be subject to international transfer restrictions
5. Industry-Specific Provisions: Additional provisions required for specific industries (e.g., financial services, healthcare)
6. Audit Rights: Rights to audit compliance with confidentiality obligations, if needed for regulatory or risk management purposes
1. Schedule 1 - Categories of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Recipients: List of authorized persons or roles permitted to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Notice Details: Contact details and procedures for serving notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Financial Services
Healthcare and Pharmaceuticals
Real Estate
Energy and Utilities
Telecommunications
Research and Development
Consumer Goods
Industrial Products
Consulting Services
Media and Entertainment
Biotechnology
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Finance
Procurement
Operations
Innovation
Corporate Development
Strategic Partnerships
Commercial
Compliance
Risk Management
Relevant Roles
Legal Counsel
Chief Legal Officer
Business Development Manager
Chief Executive Officer
Chief Technology Officer
Project Manager
Research Director
Chief Financial Officer
Procurement Manager
Operations Director
Innovation Manager
Corporate Development Director
Strategic Partnerships Manager
Commercial Director
Compliance Officer
Risk Manager
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