Confidentiality Provision In Settlement Agreement

Confidentiality Provision In Settlement Agreement Template for Denmark

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Document background

The Confidentiality Provision In Settlement Agreement is a crucial document used when parties reach a settlement under Danish law and need to ensure that the terms, negotiations, and related sensitive information remain confidential. This document becomes particularly relevant in situations involving employment disputes, commercial disagreements, or business relationship terminations where parties wish to maintain privacy while resolving their differences. It must comply with Danish legal requirements, including the Danish Contracts Act (Aftaleloven), Data Protection Act (Databeskyttelsesloven), and relevant EU regulations. The provision typically includes specific clauses about information handling, permitted disclosures, duration of confidentiality obligations, and remedies for breach, all structured to be enforceable under Danish jurisdiction.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers (CVR for companies), and addresses

2. Background: Context of the dispute or circumstances leading to the settlement agreement

3. Definitions: Definitions of key terms used in the agreement, including 'Confidential Information', 'Settlement', and other relevant terms

4. Settlement Terms: Core terms of the settlement between the parties

5. Confidentiality Obligations: Detailed description of confidentiality obligations, including scope of confidential information and duration of obligations

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisors

7. Return or Destruction of Confidential Information: Requirements and procedures for handling confidential information after the agreement ends

8. Breach and Remedies: Consequences of breaching confidentiality obligations, including potential penalties and enforcement mechanisms

9. Term and Survival: Duration of the agreement and which provisions survive termination

10. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Specific provisions addressing GDPR and Danish Data Protection Act requirements, needed when confidential information includes personal data

2. Third Party Rights: Provisions regarding third parties' rights and obligations, included when third parties are affected by or need access to confidential information

3. Press Releases and Announcements: Guidelines for public communications about the settlement, included when public announcements are anticipated

4. Non-Disparagement: Mutual obligations not to make negative statements, included when reputation management is a concern

5. Specific Carve-outs: Detailed exceptions to confidentiality obligations, included when specific exclusions need to be clearly documented

6. Whistle-blowing Provisions: Provisions preserving rights to report wrongdoing to authorities, included when relevant to the context

7. Security Measures: Specific requirements for protecting confidential information, included when handling sensitive business or technical information

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information

4. Schedule 4 - Form of Non-Disclosure Agreement: Template NDA for third parties who may need access to confidential information

5. Appendix A - Settlement Payment Details: Details of any financial settlement terms, kept separate for confidentiality

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