Confidentiality Waiver

Confidentiality Waiver Template for Denmark

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Document background

The Confidentiality Waiver is essential in Danish business transactions where parties need to be released from existing confidentiality obligations. It is commonly used in corporate transactions, employment matters, or business partnerships where the sharing of previously restricted information becomes necessary. The document ensures compliance with Danish law, including data protection requirements and business regulations, while providing a clear framework for authorized disclosure. This waiver is particularly important in situations involving mergers and acquisitions, due diligence processes, or when engaging new business partners where existing confidentiality restrictions need to be modified or lifted.

Suggested Sections

1. Parties: Identification of the party waiving confidentiality (Waiving Party) and the party benefiting from the waiver (Receiving Party)

2. Background: Context of the waiver, including reference to the original confidentiality obligations being waived

3. Definitions: Key terms including 'Confidential Information', 'Purpose', and 'Waiver Period'

4. Scope of Waiver: Specific description of the confidential information covered by the waiver and extent of permitted disclosure

5. Purpose of Disclosure: Permitted purposes for which the confidential information may be used under the waiver

6. Duration: Time period for which the waiver is valid

7. Residual Obligations: Any continuing confidentiality obligations for information not covered by the waiver

8. Data Protection Compliance: Provisions ensuring compliance with GDPR and Danish Data Protection Act

9. Governing Law: Confirmation of Danish law as governing law and jurisdiction

Optional Sections

1. Third Party Rights: Required when the waiver affects the rights of third parties or allows disclosure to specific third parties

2. Return of Information: Include when specific arrangements are needed for handling physical or electronic documents after the waiver period

3. Related Agreements: Include when the waiver is part of a larger transaction or affects multiple agreements

4. Partial Waiver Provisions: Include when only certain parts of confidentiality obligations are being waived while others remain in force

5. Regulatory Compliance: Include when the waiver relates to regulated industries or requires specific regulatory notifications

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or description of the specific confidential information covered by the waiver

2. Schedule 2 - Authorized Recipients: List of specific individuals or entities authorized to receive the confidential information

3. Schedule 3 - Original Confidentiality Obligations: Copy or extract of relevant provisions from the original confidentiality agreement being waived

4. Appendix A - Form of Acknowledgment: Template for authorized recipients to acknowledge receipt and acceptance of confidentiality obligations

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