General Non Disclosure Agreement

General Non Disclosure Agreement Template for Denmark

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Document background

This General Non-Disclosure Agreement serves as a fundamental legal instrument for protecting confidential information in business relationships under Danish law. It is typically used when parties need to share sensitive business, technical, or commercial information during business discussions, negotiations, or collaborative projects. The document ensures compliance with Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations such as GDPR. It's particularly relevant for business negotiations, due diligence processes, joint ventures, service agreements, and employment relationships. The agreement provides comprehensive protection while maintaining flexibility to accommodate various business contexts and types of confidential information.

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, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Clear definitions of 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms used in the agreement

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be identified or marked

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and restricted use of confidential information

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

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

8. Duration and Survival: Term of the agreement and which obligations survive termination

9. Breach and Remedies: Consequences of breach, including remedies and indemnification

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

Optional Sections

1. Data Protection: Additional provisions when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Specific provisions clarifying ownership and protection of IP rights when confidential information includes IP

3. Non-Competition: Additional restrictions on competitive activities, used when parties are competitors or in sensitive industry sectors

4. Security Measures: Specific technical and organizational measures required for protecting confidential information

5. Export Control: Provisions dealing with international transfer of confidential information, particularly relevant for technical data

6. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations

7. Anti-Corruption: Additional compliance provisions for regulated industries or public sector contracts

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 confidentiality undertaking for representatives who will have access to confidential information

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