This document is essential when companies need to share confidential information with suppliers in Austria. A Supplier Confidentiality Agreement becomes necessary before sharing sensitive business information, trade secrets, technical specifications, or other proprietary data with external suppliers or service providers. The agreement ensures compliance with Austrian legal requirements, including the Austrian Civil Code (ABGB), Commercial Code (UGB), and data protection regulations. It's particularly crucial in the early stages of supplier relationships, during tender processes, or when engaging suppliers for projects involving access to sensitive information. The document typically includes detailed provisions on information handling, security measures, permitted uses, and return or destruction requirements.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier), including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care and specific protective measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized third parties
7. Security Measures: Required technical and organizational 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. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Specific section addressing GDPR and DSG compliance when confidential information includes personal data
2. Intellectual Property Rights: Section addressing IP ownership and licenses when confidential information includes IP
3. Export Control: Required when confidential information may be subject to export control regulations
4. Subcontractors: Section addressing use of subcontractors and flow-down confidentiality obligations
5. Insurance Requirements: Specific insurance requirements for suppliers handling highly sensitive information
6. Audit Rights: Right to audit supplier's compliance with confidentiality obligations, recommended for critical suppliers
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Security Requirements: Detailed technical and organizational security measures required
3. Schedule 3 - Authorized Recipients: List of pre-approved individuals or roles who may access the confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for individual employees or subcontractors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Professional Services
Healthcare
Financial Services
Telecommunications
Industrial
Research & Development
Automotive
Energy
Construction
Pharmaceuticals
Logistics
Retail
Software Development
Relevant Teams
Legal
Procurement
Supply Chain
Information Security
Compliance
Risk Management
Operations
Information Technology
Research & Development
Data Protection
Vendor Management
Commercial
Relevant Roles
Procurement Manager
Legal Counsel
Supply Chain Director
Vendor Management Specialist
Contract Manager
Chief Information Security Officer
Data Protection Officer
Commercial Director
Operations Manager
Project Manager
Risk Manager
Compliance Officer
Technical Director
Research & Development Manager
Chief Technology Officer
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