The Project Confidentiality Agreement serves as a critical legal instrument for protecting sensitive information shared during project-based collaborations in Austria. This document is essential when parties need to exchange confidential information during project planning, execution, or evaluation phases. It is specifically designed to comply with Austrian legal requirements, including the Trade Secrets Act and data protection regulations, while providing practical mechanisms for information sharing and protection. The agreement is particularly valuable for cross-company collaborations, joint ventures, or consulting arrangements where proprietary information needs to be shared while maintaining strict confidentiality controls. It includes comprehensive provisions for handling technical data, business information, and intellectual property, making it suitable for both technical and commercial projects.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the project and purpose of the confidentiality agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Project', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Information Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section clarifying ownership and rights in confidential information and any project outputs - include when IP is likely to be created or shared
2. Data Protection Compliance: Specific provisions regarding GDPR and DSG compliance - include when personal data will be processed
3. Non-Competition: Restrictions on competitive activities - include when sharing commercially sensitive information
4. Representatives' Obligations: Detailed provisions regarding obligations of employees and representatives - include when wide access to information is needed
5. Export Control: Provisions regarding export control regulations - include when dealing with technical data or international transfers
6. Project-Specific Requirements: Special requirements unique to the project - include when project has unique confidentiality needs
1. Schedule 1 - Project Description: Detailed description of the project scope and activities covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives to sign
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing & Industrial
Research & Development
Professional Services
Healthcare & Life Sciences
Financial Services
Energy & Utilities
Construction & Engineering
Telecommunications
Automotive
Aerospace & Defense
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Project Management Office
Research and Development
Information Security
Procurement
Business Development
Compliance
Risk Management
Operations
Technical Operations
Innovation
Commercial
Strategic Partnerships
Relevant Roles
Legal Counsel
Project Manager
Business Development Manager
Chief Technology Officer
Research Director
Procurement Manager
Contract Administrator
Chief Information Security Officer
Innovation Manager
Operations Director
Technical Lead
Compliance Officer
Risk Manager
Commercial Director
Strategic Partnership Manager
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