The Non-Disclosure Agreement For Consultants is essential when engaging external consultants or consulting firms in Austria who will have access to sensitive company information. This document is particularly important as consultants often work with multiple clients and may have access to trade secrets, strategic plans, or proprietary information. The agreement ensures compliance with Austrian legal requirements, including the Austrian Civil Code (ABGB), Trade Secrets Act, and Data Protection Act, while also addressing EU-wide regulations such as GDPR. It should be used before sharing any confidential information with consultants and includes specific provisions for information handling, security measures, and post-engagement obligations.
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1. Parties: Identification of the disclosing party (company) and receiving party (consultant), including full legal names and addresses
2. Background: Context of the consulting relationship and purpose of the NDA
3. Definitions: Definitions of key terms, particularly 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Affiliated Companies'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the consulting relationship
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized employees or required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Intellectual Property Rights: Confirmation that no IP rights are transferred through disclosure of confidential information
10. Data Protection Compliance: Obligations regarding personal data handling in accordance with GDPR and Austrian DSG
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including severability, amendments, and notices
1. Non-Competition: Optional restrictions on competitive activities, used when consultant works with competing clients
2. Specific Project References: Include when the NDA relates to specific consulting projects or services
3. Audit Rights: Right to audit consultant's compliance, used for highly sensitive information
4. Insurance Requirements: Mandatory insurance coverage, used for high-risk consulting arrangements
5. Conflict of Interest Provisions: Used when consultant works with multiple clients in same industry
6. Subcontractor Provisions: Include when consultant may need to engage subcontractors
7. Dispute Resolution: Alternative dispute resolution procedures, used for international consultants
1. Schedule 1 - Description of Services: Detailed description of consulting services to which NDA relates
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols for handling confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of types of confidential information covered
5. Appendix B - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Professional Services
Energy
Telecommunications
Real Estate
Engineering
Biotechnology
Education
Research & Development
Media & Entertainment
Retail
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Information Technology
Research & Development
Business Development
Strategy
Innovation
Compliance
Risk Management
Project Management Office
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Human Resources Director
Project Manager
Business Development Manager
Department Head
Operations Manager
Technical Director
Research Director
Strategy Manager
Innovation Manager
IT Manager
Compliance Officer
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