Confidentiality Agreement Form

Confidentiality Agreement Form Template for Denmark

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Document background

The Confidentiality Agreement Form is essential for businesses operating under Danish jurisdiction who need to protect sensitive information during business dealings, negotiations, or collaborative projects. This document type is particularly crucial when sharing trade secrets, proprietary information, or other confidential data with external parties. The agreement ensures compliance with Danish legal requirements, including the Danish Trade Secrets Act (Lov om forretningshemmeligheder) and the Danish Data Protection Act, while providing clear mechanisms for protecting sensitive information. It's commonly used in business negotiations, due diligence processes, employee relationships, and contractor engagements where confidential information needs to be shared but protected.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, company registration numbers (CVR), and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Purpose', and 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including exclusions

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

7. Security Measures: Required security measures for protecting 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. 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

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR when confidential information includes personal data

2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP

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

4. Export Control: Provisions for compliance with export control laws when dealing with international transfers

5. Competing Activities: Restrictions on competing activities during the confidentiality period, if relevant

6. Audit Rights: Rights to audit compliance with confidentiality obligations, particularly useful for high-sensitivity information

7. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches

8. Representatives' Obligations: Detailed provisions regarding obligations of representatives who access confidential information

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of specific confidential information covered

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

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

4. Appendix A - Form of Representative Undertaking: Template undertaking to be signed by representatives who will access confidential information

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