Commercial Real Estate Non Disclosure Agreement

Commercial Real Estate Non Disclosure Agreement Template for Denmark

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Document background

The Commercial Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during commercial property transactions in Denmark. It is typically used when parties are considering property purchase, sale, lease, or development opportunities and need to share sensitive information such as property valuations, financial statements, tenant details, development plans, and market analyses. The document ensures compliance with Danish legal requirements, including the Danish Contracts Act, Trade Secrets Act, and data protection regulations. It is particularly important in the early stages of property transactions when parties need to conduct due diligence while maintaining confidentiality. The agreement helps establish trust between parties while providing legal remedies under Danish law if confidentiality is breached.

Suggested Sections

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

2. Background: Context of the potential real estate transaction and purpose of the NDA

3. Definitions: Detailed definitions including Confidential Information, Permitted Purpose, Permitted Recipients, Property, and other key terms

4. Scope of Confidential Information: Specific description of what constitutes confidential information in the real estate context, including property details, financial information, and business plans

5. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request

9. Data Protection Compliance: Obligations regarding personal data handling under Danish and EU law

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

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

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Solicitation: Prevents solicitation of employees or clients, included when parties have significant human resource concerns

2. Exclusivity Period: Prevents the disclosing party from sharing property information with other potential buyers, used in competitive sale situations

3. Public Announcements: Controls over public statements about the potential transaction, important for listed companies or high-profile properties

4. Insurance Requirements: Specific insurance obligations for handling sensitive information, used for high-value properties

5. Site Visits and Physical Data: Provisions governing physical access to properties and handling of physical documents, used when physical inspection is required

6. Digital Security Measures: Specific requirements for digital security and data handling, important for transactions involving significant digital assets

7. Broker/Agent Provisions: Additional provisions when real estate agents or brokers are involved in the transaction

Suggested Schedules

1. Schedule 1 - Property Details: Specific details of the property or properties covered by the NDA

2. Schedule 2 - Permitted Recipients: List of authorized individuals or entities who may receive confidential information

3. Schedule 3 - Security Measures: Required security protocols for handling confidential information

4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under GDPR and Danish law

5. Schedule 5 - Authorized Representatives: Named individuals authorized to handle confidential information on behalf of each party

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