Corporate Confidentiality Agreement

Corporate Confidentiality Agreement Template for Denmark

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Document background

The Corporate Confidentiality Agreement is essential for businesses operating under Danish jurisdiction who need to protect sensitive information during commercial relationships, negotiations, or collaborative ventures. This document type is particularly relevant when companies need to share trade secrets, technical specifications, customer data, or other proprietary information while ensuring legal protection under Danish law. The agreement incorporates requirements from key Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and the Data Protection Act (Databeskyttelsesloven), making it suitable for both domestic Danish operations and international business relationships where Danish law governs. It should be used before any substantial exchange of confidential information between corporate entities.

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: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

7. Term and Survival: Duration of the agreement and surviving obligations after termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR or Danish Data Protection Act

2. Intellectual Property Rights: Needed when confidential information includes or relates to intellectual property

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

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

5. Competitive Activity Restrictions: Optional restrictions on competitive activities, ensuring compliance with Danish competition law

6. Security Requirements: Specific security measures required for handling particularly sensitive information

7. Audit Rights: Optional right to audit compliance with confidentiality obligations

Suggested Schedules

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

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

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

4. Schedule 4 - Approved Subcontractors: List of approved third parties who may receive confidential information if applicable

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties

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