The Business Plan Non Disclosure Agreement is essential when companies need to share sensitive business planning information with potential investors, partners, or advisors in Austria. This document is particularly crucial in the early stages of business relationships where detailed financial, strategic, and operational information needs to be disclosed for evaluation purposes. The agreement, governed by Austrian law, ensures that confidential business plan information is protected under both Austrian trade secrets legislation and EU regulations. It is commonly used in investment negotiations, strategic partnerships, and consulting engagements where comprehensive business plans containing proprietary information, market analyses, financial projections, and strategic initiatives need to be shared. The document addresses specific requirements of Austrian contract law while maintaining practical usability in international business contexts.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the disclosure, purpose of sharing the business plan, and intended business relationship
3. Definitions: Key terms including 'Confidential Information', 'Business Plan', 'Permitted Purpose', 'Affiliated Companies', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the business plan contents
5. Confidentiality Obligations: Core obligations regarding non-disclosure, use restrictions, and security measures for protecting the business plan
6. Permitted Disclosures: Circumstances under which the receiving party may share information with employees, advisors, or as required by law
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages under Austrian law
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection Compliance: Required when business plan contains personal data subject to GDPR
2. Intellectual Property Rights: Added when business plan contains patentable information or specific IP that needs additional protection
3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business context
4. Residual Knowledge: Optional clause addressing use of general knowledge and experience gained, if acceptable to disclosing party
5. Competition Restrictions: Added when parties are potential competitors and additional competitive safeguards are needed
6. Representatives' Obligations: Detailed section on representatives' duties when they will have significant access to the business plan
1. Schedule 1 - Description of Business Plan: Detailed description of the business plan documents and materials covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information
4. Appendix A - Acknowledgment Form: Form to be signed by representatives who will have access to the confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Real Estate
Retail
E-commerce
Biotechnology
Energy
Transportation
Media and Entertainment
Professional Services
Software Development
Clean Technology
Consumer Goods
Telecommunications
Relevant Teams
Legal
Finance
Corporate Development
Business Development
Executive Leadership
Investment
Strategy
Mergers and Acquisitions
Venture Capital
Due Diligence
Corporate Strategy
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Investment Manager
Legal Counsel
Corporate Lawyer
Venture Capital Associate
Private Equity Manager
Strategy Consultant
Financial Analyst
Business Advisor
Startup Founder
Managing Director
Corporate Development Officer
General Counsel
Investment Director
Due Diligence Specialist
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