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Confidentiality Agreement Data Protection Template for Denmark

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

Document background
The Confidentiality Agreement Data Protection is essential for organizations operating under Danish jurisdiction who need to share both confidential business information and personal data with third parties. This document type is particularly relevant in the context of business relationships where one party processes personal data on behalf of another while also having access to confidential business information. It combines traditional non-disclosure provisions with GDPR-compliant data protection requirements, making it suitable for service provider relationships, technology implementations, consulting engagements, and other business partnerships. The agreement ensures compliance with both Danish contract law and the EU General Data Protection Regulation (GDPR), providing comprehensive protection for both business secrets and personal data.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their full legal names, company registration numbers, and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and/or personal data

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor', etc.

4. Scope and Purpose: Detailed description of the scope of confidential information and personal data covered, and permitted purposes for use

5. Confidentiality Obligations: Core confidentiality provisions, including handling, protection, and non-disclosure obligations

6. Data Protection Obligations: GDPR compliance requirements, including legal basis for processing, data subject rights, and security measures

7. Security Measures: Technical and organizational measures required to protect confidential information and personal data

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon termination

10. Breach Notification: Procedures for reporting and handling data breaches and confidentiality breaches

11. Liability and Indemnification: Consequences of breach and allocation of liability between parties

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

Optional Sections

1. Third Party Disclosure: Include when confidential information may need to be shared with third parties such as subcontractors or professional advisors

2. International Data Transfers: Include when personal data may be transferred outside the EEA

3. Employee and Contractor Obligations: Include when the receiving party needs to ensure compliance by its employees and contractors

4. Audit Rights: Include when regular audits of security measures or compliance may be required

5. Insurance Requirements: Include when specific insurance coverage for data protection liability is required

6. Non-Solicitation: Include when there's a risk of employee poaching between parties

7. Specific Industry Requirements: Include when the agreement relates to regulated industries with additional confidentiality requirements

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories to be processed under the agreement

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented to protect confidential information and personal data

3. Schedule 3 - Approved Subprocessors: List of pre-approved subprocessors if relevant to the processing activities

4. Schedule 4 - Data Processing Details: Detailed information about processing activities, including purpose, duration, and type of processing

5. Appendix A - Contact Points: List of key contacts for operational matters, breach notification, and data subject requests

6. Appendix B - Standard Contractual Clauses: If international transfers are involved, inclusion of relevant EU Standard Contractual Clauses

Authors

Relevant legal definitions






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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