General Confidentiality Agreement

General Confidentiality Agreement Template for Denmark

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Document background

The General Confidentiality Agreement under Danish law is essential for protecting proprietary and sensitive information in various business contexts. It is particularly relevant when parties need to share confidential information during business negotiations, partnerships, employment relationships, or other commercial arrangements. This document ensures compliance with Danish legal requirements, including the Danish Trade Secrets Act and the GDPR, while providing clear guidelines for handling sensitive information. The agreement is commonly used in situations ranging from preliminary business discussions to formal partnerships, covering various types of confidential information such as trade secrets, technical know-how, customer data, and business strategies. It includes specific provisions required under Danish law and EU regulations, making it suitable for both domestic and international business relationships involving Danish entities.

Suggested Sections

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

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the extent of protection

5. Obligations of Receiving Party: Core confidentiality obligations, including protection measures, non-disclosure requirements, and permitted uses

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

7. Security Measures: Required security measures for protecting confidential information

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

9. Term and Termination: Duration of the agreement and termination provisions

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

11. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

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

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. Residual Knowledge: Provisions addressing use of general knowledge and experience gained, if applicable

5. Competition Restrictions: Required when agreement needs to address competitive activities

6. Export Control: Needed when confidential information is subject to export control regulations

7. Marking Requirements: Specific requirements for marking confidential information, if needed

Suggested Schedules

1. Schedule 1 - Specified 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. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives

5. Appendix B - Data Processing Requirements: Specific requirements for processing personal data, if applicable under GDPR

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