Business Non Compete Agreement

Business Non Compete Agreement Template for Denmark

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Document background

The Business Non-Compete Agreement is essential in Danish commercial relationships where one party needs to protect its legitimate business interests from competition by another business entity. This document is commonly used in business sales, joint ventures, strategic partnerships, or supplier relationships where confidential information or trade secrets are shared. Under Danish law, these agreements must be carefully drafted to ensure enforceability, including specific requirements for compensation, reasonable duration (typically not exceeding 3 years), and clear geographical limitations. The agreement must balance business protection with fair competition principles under both Danish and EU law, making it distinct from employment-related non-competes which are governed by different regulations.

Suggested Sections

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

2. Background: Context of the agreement, business relationship between parties, and legitimate business interests being protected

3. Definitions: Clear definitions of key terms, including 'Competitive Business', 'Restricted Territory', 'Confidential Information', and other relevant terms

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas

5. Duration: Time period for the non-compete obligations, ensuring compliance with Danish law limitations

6. Geographic Scope: Clear definition of the territorial boundaries where restrictions apply

7. Compensation: Details of compensation for the non-compete period as required under Danish law

8. Confidentiality Obligations: Provisions regarding the protection of confidential information and trade secrets

9. Breach and Remedies: Consequences of breach and available remedies, including potential penalties and enforcement mechanisms

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

11. Severability: Provisions for maintaining validity of remaining clauses if any clause is found unenforceable

12. Entire Agreement: Confirmation that the document represents the complete agreement between parties

Optional Sections

1. Group Company Provisions: Extended provisions covering affiliated companies and group structures, used when parties are part of larger corporate groups

2. Industry-Specific Restrictions: Additional restrictions specific to particular industries or sectors, included when standard provisions need industry-specific elaboration

3. Customer Non-Solicitation: Specific provisions preventing solicitation of customers, included when customer relationships are particularly crucial

4. Employee Non-Solicitation: Provisions preventing solicitation of employees, included when protecting human resources is important

5. Post-Termination Obligations: Specific obligations after the termination of the business relationship, included for ongoing business relationships

6. Monitoring and Reporting: Procedures for monitoring compliance, included when active oversight is required

7. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative dispute resolution to court proceedings

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the non-compete restrictions

2. Schedule 2 - Competitive Business Description: Detailed description of restricted business activities and competitive products/services

3. Schedule 3 - Compensation Calculation: Detailed formula or methodology for calculating compensation during the non-compete period

4. Schedule 4 - Key Customers/Clients: List of specific customers or clients covered by non-solicitation provisions (if applicable)

5. Schedule 5 - Confidential Information: Detailed categorization of confidential information and trade secrets covered by the agreement

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