Confidentiality And Non Disclosure Agreement

Confidentiality And Non Disclosure Agreement Template for Denmark

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Document background

The Confidentiality And Non Disclosure Agreement (NDA) is essential for businesses operating under Danish jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. This document is designed to comply with Danish legal requirements, including the Danish Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations. It's commonly used before sharing sensitive business information, intellectual property, trade secrets, or engaging in detailed business discussions. The agreement defines what constitutes confidential information, establishes clear obligations for information handling, and provides remedies under Danish law for unauthorized disclosure. It's particularly relevant in today's business environment where data protection and information security are crucial for maintaining competitive advantage and ensuring regulatory compliance.

Suggested Sections

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

2. Background: Context of the agreement and the purpose for sharing confidential information

3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Representatives', and other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Required measures for protecting and securing 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

12. General Provisions: Standard clauses including severability, amendments, and entire agreement

Optional Sections

1. Non-Solicitation: Restrictions on soliciting employees or customers, included when there's a business relationship between parties

2. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data

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

4. Export Control: Include when confidential information may be subject to export control regulations

5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical information

6. Competing Activities: Restrictions on competing activities, when relevant to the business relationship

7. Assignment and Subcontracting: Rules for transferring rights or obligations, important for corporate transactions

8. Survival Clauses: Specific provisions that survive termination, important for long-term protection

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Schedule 4 - Approved Purpose: Detailed description of the permitted purpose for using confidential information

5. Appendix A - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

6. Appendix B - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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