Confidentiality Deed

Confidentiality Deed Template for Denmark

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Document background

The Confidentiality Deed is essential for business relationships where sensitive information needs to be shared under Danish law. It is commonly used before commercial negotiations, during due diligence processes, or in ongoing business relationships where confidential information exchange is necessary. The deed provides stronger protection than standard NDAs due to its formal nature and comprehensive coverage of confidentiality obligations. It incorporates requirements from Danish contract law, the Danish Trade Secrets Act, and relevant EU regulations, making it particularly suitable for high-value transactions or situations involving critical business information. The document is designed to be enforceable under Danish jurisdiction and provides clear remedies in case of breach.

Suggested Sections

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

2. Background: Context of the confidentiality arrangement, including the purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'

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

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 required by law

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

9. Duration and Survival: Term of the deed and which obligations survive termination

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 Compliance: Additional provisions when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patentable or copyrightable material

3. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship

4. Representatives' Undertaking: Requirements for representatives to sign separate confidentiality undertakings

5. Export Control: Provisions regarding export control laws when dealing with international transfers of technology

6. Insurance: Requirements for insurance coverage related to confidential information handling

7. Force Majeure: Provisions for handling confidential information during force majeure events

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the deed

2. Schedule 2 - Security Protocols: Specific security measures and protocols required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

4. Schedule 4 - Destruction Certificate: Template certificate confirming destruction of confidential information

5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal data under GDPR, if applicable

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