Internal NDA

Internal NDA Template for Denmark

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Document background

This Internal NDA is designed for use in Danish employment relationships where protection of confidential information is essential. The document should be implemented when onboarding new employees or updating confidentiality provisions for existing staff members. The Internal NDA incorporates requirements from Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder), Data Protection Act (Databeskyttelsesloven), and Employment Contracts Act (Ansættelsesbevisloven). It defines confidential information, establishes clear obligations for information handling, and sets out security requirements while ensuring compliance with Danish employment law principles. This document is particularly important for organizations handling sensitive business information, intellectual property, or personal data.

Suggested Sections

1. Parties: Identifies the employer (company) and the employee as parties to the agreement

2. Background: Explains the purpose of the NDA and the context of protecting confidential information within the employment relationship

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

4. Scope of Confidential Information: Details what constitutes confidential information within the organization

5. Confidentiality Obligations: Sets out the employee's specific obligations regarding confidential information

6. Permitted Uses and Disclosures: Specifies how and when confidential information may be used or shared

7. Data Protection Compliance: Addresses handling of personal data in accordance with Danish Data Protection Act

8. Security Measures: Outlines required security measures for protecting confidential information

9. Duration and Survival: Specifies how long the obligations last, including post-employment

10. Return of Confidential Information: Requirements for returning or destroying confidential information

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

Optional Sections

1. Intellectual Property Rights: Additional section when the organization needs to specifically address IP ownership and rights

2. Third Party Information: Include when employees may handle confidential information from clients or business partners

3. Non-Competition: Optional section for senior employees where permitted under Danish law

4. Technical Security Requirements: Include for employees handling highly sensitive technical data or systems

5. International Transfers: Required if employee may transfer data outside Denmark/EU

6. Reporting Obligations: Include for roles with specific reporting requirements regarding data breaches or security incidents

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Lists specific types of confidential information relevant to the employee's role

2. Schedule 2 - Security Protocols: Detailed security procedures and requirements

3. Schedule 3 - Authorized Persons: List of persons or roles with whom confidential information may be shared

4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of the NDA

5. Appendix B - Information Handling Guidelines: Practical guidelines for day-to-day handling of confidential information

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