Business Disclosure Agreement

Business Disclosure Agreement Template for Denmark

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Document background

The Business Disclosure Agreement is a critical legal instrument used in Danish business transactions where parties need to share confidential or sensitive information while ensuring its protection. This document is essential when entering into business negotiations, partnerships, or collaborative ventures where proprietary information, trade secrets, or sensitive business data needs to be disclosed. The agreement, governed by Danish law, incorporates requirements from the Danish Trade Secrets Act, Danish Contracts Act, and where applicable, data protection regulations. It's particularly important in preliminary business discussions, due diligence processes, and ongoing business relationships where regular exchange of confidential information occurs.

Suggested Sections

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

2. Background: Context of the disclosure relationship and purpose of sharing confidential information

3. Definitions: Clear 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. 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 representatives and by legal requirement

7. Term and Survival: Duration of the agreement and survival of obligations after termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

Optional Sections

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

2. Intellectual Property Rights: Needed when confidential information includes IP-protected materials

3. Non-Solicitation: Optional clause preventing poaching of employees or clients

4. Export Control: Required when information may be subject to international transfer restrictions

5. Assignment and Succession: Important for larger organizations or when corporate restructuring is anticipated

6. Representatives' Obligations: Detailed section on representatives' duties when extensive third-party access is expected

7. Marking Requirements: Specific requirements for marking or identifying confidential information when formal procedures are needed

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Procedures: Specific security measures and protocols for handling confidential information

4. Schedule 4 - Information Handling Procedures: Procedures for marking, storing, and transmitting confidential information

5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign

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