Model NDA

Model NDA Template for Denmark

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Document background

This Model NDA serves as a standardized template for protecting confidential information under Danish law. It is designed for use in various business contexts, from initial business discussions to formal partnerships, and can be adapted for both one-way and mutual confidentiality obligations. The document incorporates essential elements required by Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations. This Model NDA is particularly valuable when Danish entities are involved or when parties specifically choose Danish law as the governing law for their confidentiality arrangements. It includes comprehensive provisions for defining confidential information, permitted uses, security measures, and breach remedies, while maintaining compliance with Danish legal requirements and business practices.

Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including full legal names, company registration numbers (CVR), and registered addresses

2. Background: Context of the agreement and purpose for sharing confidential information

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

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care

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

7. Protection Measures: Security measures required to protect confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of 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

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

Optional Sections

1. Personal Data Protection: Additional provisions when personal data will be shared, ensuring GDPR compliance

2. Intellectual Property Rights: Specific provisions regarding IP rights when technical information or trade secrets are involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Competing Activities: Restrictions on competing activities during the confidentiality period, if applicable

5. Export Control: Provisions for compliance with export control regulations when applicable

6. Information Security Requirements: Specific technical and organizational measures for information security when dealing with sensitive data

7. Audit Rights: Rights to audit compliance with confidentiality obligations in high-security situations

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 authorized representatives who may access confidential information

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

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data (if applicable)

5. Schedule 5 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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