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Employee Termination Confidentiality Agreement Template for Denmark

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Employee Termination Confidentiality Agreement

Document background
The Employee Termination Confidentiality Agreement is essential when concluding employment relationships in Denmark where the departing employee has had access to sensitive business information. This document, governed by Danish law and compliant with EU regulations, should be used when an employee with access to trade secrets, proprietary information, or sensitive data is leaving the organization. It outlines post-employment confidentiality obligations, details the handling and return of confidential information, and specifies breach consequences. The agreement must balance the employer's need to protect business interests with employee rights under Danish employment law, including the Danish Trade Secrets Act and GDPR requirements.
Suggested Sections

1. Parties: Identification of the employer and the departing employee, including full legal names and addresses

2. Background: Brief context of the employment relationship, termination date, and purpose of the agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

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

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

6. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect

7. Return of Confidential Information: Requirements for returning or destroying company information and property

8. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

10. Signatures: Execution blocks for both parties

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when the employee was involved in creative or technical work

2. International Data Transfers: Provisions for handling confidential information across borders, needed if the company operates internationally

3. Third Party Information: Specific provisions regarding confidential information belonging to clients or business partners

4. Non-Disparagement: Mutual or one-way obligations regarding public statements about the other party

5. Survival of Other Obligations: Reference to continuing obligations from the employment contract

6. Securities Trading: Provisions regarding insider trading restrictions, needed for publicly traded companies

7. Data Protection Obligations: Specific GDPR-related obligations, necessary when dealing with personal data

8. Reference and Future Employment: Terms regarding employment references and communication about the termination

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information, trade secrets, and sensitive materials

2. Schedule 2 - Company Property for Return: Itemized list of physical and digital assets to be returned

3. Schedule 3 - Acknowledgment Form: Form confirming return of all company property and confidential information

4. Schedule 4 - Data Protection Obligations: Detailed GDPR-related obligations and procedures

5. Schedule 5 - Prior Inventions: List of employee's prior inventions or IP excluded from the agreement

Authors

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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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