Indefinite NDA

Indefinite NDA Template for Denmark

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Document background

This Indefinite NDA template is designed for use in situations where parties need ongoing, long-term protection of confidential information under Danish law. The document is particularly suitable for business relationships where the sensitive nature of the shared information requires protection beyond a fixed term, such as trade secrets, proprietary technologies, or strategic business information. It incorporates provisions from the Danish Trade Secrets Act, Contract Act, and relevant EU regulations, ensuring comprehensive protection while maintaining enforceability under Danish jurisdiction. The indefinite duration is carefully structured to comply with Danish legal principles regarding perpetual contractual obligations. The agreement includes robust confidentiality provisions, clear handling requirements, and specific enforcement mechanisms, making it suitable for various business relationships from strategic partnerships to vendor arrangements.

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, relationship between parties, and purpose of sharing confidential information

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

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

5. Confidentiality Obligations: Core obligations regarding handling, 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 confidential information, including technical and organizational measures

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

9. Duration and Survival: Specification of the indefinite duration 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 notices

Optional Sections

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

2. Intellectual Property Rights: Needed when confidential information includes or relates to IP rights

3. Non-Solicitation: Optional provision preventing solicitation of employees/customers, relevant in business relationship contexts

4. Residual Knowledge: Optional clause addressing use of retained knowledge, particularly relevant for professional service relationships

5. Competition Compliance: Required when parties are competitors or in the same industry to ensure compliance with competition law

6. Assignment and Succession: Important for corporate parties or when business transfers are anticipated

7. Specific Performance: Additional remedies section particularly relevant for high-value trade secrets

Suggested Schedules

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

2. Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Security Protocols: Specific security measures and protocols required for handling confidential information

4. Specific Purpose Limitations: Detailed description of permitted purposes for using confidential information

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