Data Confidentiality Agreement

Data Confidentiality Agreement Template for Denmark

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Document background

This Data Confidentiality Agreement template is designed for use in situations where parties need to share sensitive or confidential information while ensuring compliance with Danish law and EU regulations. It is particularly relevant when businesses, organizations, or individuals operating under Danish jurisdiction need to protect proprietary information, trade secrets, personal data, or other confidential material. The agreement incorporates requirements from the Danish Data Protection Act, the GDPR, and Danish contract law, making it suitable for both domestic and international business relationships. The document includes comprehensive provisions for data handling, security measures, breach notification procedures, and liability allocation, while maintaining flexibility to accommodate specific business needs and industry requirements.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Data', 'Data Protection Laws', 'Security Breach', and other relevant terms

4. Scope and Purpose: Detailed description of what information is covered by the agreement and permitted purposes for its use

5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information

6. Data Protection Compliance: Specific obligations relating to GDPR and Danish Data Protection Act compliance

7. Security Measures: Required technical and organizational measures for protecting confidential information

8. Staff and Third Party Access: Rules regarding employee access, third-party disclosure, and ensuring compliance by all parties with access

9. Breach Notification: Procedures and timeframes for reporting and handling security or confidentiality breaches

10. Return or Destruction: Requirements for returning or destroying confidential information upon agreement termination or request

11. Term and Termination: Duration of the agreement and conditions for termination

12. Liability and Indemnification: Consequences of breach and indemnification obligations

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Data Transfer Mechanisms: Required when confidential information will be transferred outside the EEA, specifying appropriate transfer mechanisms

2. Audit Rights: Include when one party requires the right to audit the other's compliance with security and confidentiality obligations

3. Specific Industry Requirements: Include when the agreement covers regulated industries with additional compliance requirements

4. Intellectual Property Rights: Include when confidential information includes IP that requires specific protection measures

5. Competition Law Compliance: Include when parties are competitors or when information sharing could raise competition law concerns

6. Insurance Requirements: Include when specific insurance coverage is required for data protection or cyber security

7. Business Continuity: Include when continuous access to confidential information is critical for business operations

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed listing and classification of different types of confidential information covered

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of authorized personnel or roles permitted to access confidential information

4. Schedule 4 - Data Processing Details: If personal data is involved, detailed information about processing activities as required by GDPR Article 28

5. Schedule 5 - Breach Response Plan: Detailed procedures for handling and reporting security breaches

6. Appendix A - Contact Points: List of key contacts for various purposes including breach notification and regular communication

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