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NDA Sales for Austria

NDA Sales Template for Austria

This Non-Disclosure Agreement (NDA) is designed for sales relationships under Austrian law, incorporating both Austrian civil code requirements and EU regulations, particularly GDPR compliance. The document provides comprehensive protection for confidential information exchanged during sales activities, including customer data, pricing strategies, sales methodologies, and business opportunities. It includes specific provisions for data protection under Austrian law (DSG) and addresses the unique requirements of commercial relationships in the Austrian business context while ensuring enforceability under both Austrian and EU legal frameworks.

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What is a NDA Sales?

This Sales NDA (NDA Sales) is essential for businesses operating in Austria who need to protect confidential information exchanged during sales processes and business development activities. The document is particularly relevant when parties need to share sensitive commercial information such as pricing strategies, customer lists, sales methodologies, or market analysis data. It ensures compliance with Austrian legal requirements, including the Austrian Civil Code (ABGB), Trade Secrets Act (UWG-NG), and Data Protection Act (DSG), while also maintaining alignment with EU regulations like GDPR. This template is specifically structured to address the nuances of Austrian commercial law and business practices, making it suitable for both domestic and international sales relationships involving Austrian entities.

What sections should be included in a NDA Sales?

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

2. Background: Context of the business relationship and purpose of sharing confidential information in the sales context

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Sales Information', and 'Authorized Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the sales context

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and conditions for disclosure to authorized persons

7. Data Protection and GDPR Compliance: Specific provisions ensuring compliance with Austrian DSG and GDPR requirements

8. Security Measures: Required technical and organizational measures to protect confidential information

9. Term and Termination: Duration of confidentiality obligations and conditions for termination

10. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

11. Remedies and Enforcement: Legal remedies available under Austrian law for breach of confidentiality

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a NDA Sales?

1. Third Party Disclosure: Additional provisions for cases where third parties need access to confidential information

2. International Data Transfer: Required when confidential information may be transferred outside the EU/EEA

3. Competitive Activity Restrictions: Additional provisions restricting competitive activities, if relevant to the sales relationship

4. Customer Data Handling: Specific provisions for handling customer data in sales contexts

5. Intellectual Property Rights: Additional provisions regarding IP rights in sales materials and confidential information

6. Survival Clause: Specific provisions about which obligations survive termination of the agreement

What schedules should be included in a NDA Sales?

1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of personnel authorized to access and handle confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures to be implemented

4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


























Clauses

























Relevant Industries

Retail

Manufacturing

Technology

Professional Services

Financial Services

Healthcare

Consumer Goods

Industrial Equipment

Software and IT

Telecommunications

Pharmaceutical

Automotive

Energy

Construction

Relevant Teams

Sales

Business Development

Legal

Compliance

Executive Leadership

Commercial Operations

Customer Success

Contract Administration

Risk Management

Information Security

Relevant Roles

Sales Director

Business Development Manager

Account Executive

Sales Operations Manager

Chief Commercial Officer

Sales Representative

Customer Success Manager

Regional Sales Manager

Legal Counsel

Compliance Officer

Chief Executive Officer

Commercial Director

Sales Operations Analyst

Contract Manager

Business Development Representative

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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