Bilateral Non Disclosure Agreement

Bilateral Non Disclosure Agreement Template for Denmark

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Document background

This Bilateral Non Disclosure Agreement is designed for situations where two parties need to share confidential information while ensuring legal protection under Danish law. It is commonly used during business negotiations, due diligence processes, joint ventures, or any collaborative efforts where sensitive information needs to be exchanged. The document incorporates key requirements from Danish contract law, EU regulations (including GDPR where applicable), and the Danish Trade Secrets Act. It provides comprehensive protection for various types of confidential information, including trade secrets, technical know-how, business strategies, and proprietary data. The agreement is structured to be equally protective of both parties' interests, making it suitable for relationships between entities of similar or different sizes and across various industries where Danish law is the chosen governing law.

Suggested Sections

1. Parties: Identification of the contracting parties with full legal names, registration numbers, and addresses

2. Background: Context of the agreement and purpose of information sharing

3. Definitions: Definitions of key terms, especially 'Confidential Information', '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 by legal requirement

7. Security Measures: Required measures for protecting and securing confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Termination: Duration of the agreement and termination provisions

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard entire agreement clause confirming this document represents the complete agreement between parties

Optional Sections

1. Specific Project Reference: Used when the NDA relates to a specific project or transaction rather than general business discussions

2. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

3. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship

4. Intellectual Property Rights: When confidential information includes IP that needs specific protection provisions

5. Export Control: Required when information exchange may be subject to international export control regulations

6. Insurance Requirements: When parties require specific insurance coverage for potential breaches

7. Survival: Specific provisions about which obligations survive termination, if different from standard confidentiality period

Suggested Schedules

1. Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used

2. Security Protocol: Specific security measures and protocols required for handling confidential information

3. Authorized Representatives: List of authorized representatives who may access confidential information

4. Special Categories of Confidential Information: If applicable, listing of specific categories of information subject to special handling requirements

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