This Vendor NDA template is specifically crafted for use under Austrian law when businesses need to share confidential information with their vendors, suppliers, or service providers. The document is essential when engaging with third-party vendors who will have access to sensitive business information, trade secrets, technical specifications, or personal data. It incorporates requirements from Austrian commercial law, the Austrian Trade Secrets Act, and EU regulations including GDPR. This template is particularly valuable during vendor onboarding, procurement processes, or when existing vendors require access to additional confidential information. The agreement ensures that all shared information remains protected while enabling necessary business operations and complying with both Austrian and EU legal frameworks.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the business relationship and purpose of sharing confidential information
3. Definitions: Clear definitions of '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 handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and when required by law
7. Data Protection and GDPR Compliance: Specific provisions addressing personal data handling and compliance with Austrian DSG and GDPR
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
10. Duration and Survival: Term of the agreement and survival of obligations post-termination
11. Breach and Remedies: Consequences of breach and available remedies under Austrian law
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. Entire Agreement: Standard boilerplate confirming the agreement represents the entire understanding between parties
1. Non-Solicitation: Optional restrictions on soliciting employees or customers, recommended for vendors with access to employee or customer information
2. Intellectual Property Rights: Additional provisions protecting IP rights, recommended when sharing technical information or trade secrets
3. Export Control: Required when confidential information may be subject to export control regulations
4. Subcontractors: Additional provisions when the vendor may need to share information with subcontractors
5. Insurance Requirements: Optional section requiring specific insurance coverage for data protection and cyber risks
6. Audit Rights: Optional provisions allowing audit of vendor's compliance with confidentiality obligations
7. Force Majeure: Optional clause addressing extraordinary circumstances affecting confidentiality obligations
1. Schedule 1 - Specified 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. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved in the confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Telecommunications
Energy
Construction
Pharmaceuticals
Automotive
Consumer Goods
Media and Entertainment
Insurance
Real Estate
Relevant Teams
Legal
Procurement
Vendor Management
Compliance
Information Security
Risk Management
Operations
Finance
Supply Chain
Information Technology
Data Protection
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Chief Procurement Officer
Legal Counsel
Procurement Manager
Vendor Relations Manager
Contracts Manager
Data Protection Officer
Compliance Officer
Supply Chain Manager
Project Manager
Information Security Officer
Risk Manager
Operations Director
Business Development Manager
Chief Technology Officer
Chief Financial Officer
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