Indefinite Confidentiality Agreement

Indefinite Confidentiality Agreement Template for Denmark

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Document background

The Indefinite Confidentiality Agreement is essential for businesses operating under Danish law who need to protect sensitive information without a predetermined expiration date. It is particularly relevant for situations involving trade secrets, proprietary technology, or valuable business information that requires long-term protection. The agreement complies with Danish trade secrets legislation (Lov om forretningshemmeligheder) and the Danish Contracts Act (Aftaleloven), while also considering EU regulations where applicable. This document is commonly used in business negotiations, strategic partnerships, joint ventures, and other collaborative arrangements where confidential information needs perpetual protection. It includes comprehensive provisions for maintaining confidentiality, permitted uses, security measures, and enforcement mechanisms, all specifically adapted to Danish legal requirements and business practices.

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: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions

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

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

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

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

8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

9. Duration and Survival: Specification of the indefinite nature of obligations and which provisions survive termination

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

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

Optional Sections

1. Data Protection: Required when confidential information includes personal data, addressing GDPR compliance

2. Intellectual Property: Include when confidential information involves IP rights or when development of new IP is contemplated

3. Non-Competition: Add when there's a need to prevent use of confidential information for competitive purposes

4. Export Control: Include for international agreements where information may be subject to export control regulations

5. Insider Trading: Required when confidential information may include market-sensitive information

6. Assignment and Succession: Include for corporate entities where ownership changes may occur

7. Representatives' Obligations: Detailed section when numerous employees or agents will have access to confidential information

Suggested Schedules

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

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

3. Schedule 3 - Security Protocols: Specific technical and organizational measures required for protecting confidential information

4. Appendix A - Form of Representative Undertaking: Template for individual confidentiality undertakings by representatives

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