Multilateral Non Disclosure Agreement

Multilateral Non Disclosure Agreement Template for Denmark

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Document background

The Multilateral Non-Disclosure Agreement under Danish law is designed for situations where three or more parties need to share confidential information in a secure and legally compliant manner. This document is particularly relevant for complex business arrangements, joint ventures, research collaborations, or industry consortiums operating under Danish jurisdiction. It addresses specific requirements of Danish law, including the Danish Trade Secrets Act and relevant EU regulations such as GDPR. The agreement is structured to accommodate the dynamic nature of multi-party relationships, including provisions for adding or removing parties, managing information flow between multiple entities, and ensuring effective enforcement. It includes specific security protocols, data protection measures, and clear mechanisms for handling breaches, making it suitable for both domestic Danish operations and international business arrangements subject to Danish law.

Suggested Sections

1. Parties: Identification of all initial parties to the agreement, 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: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Authorized Recipients', 'Purpose', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including explicit exclusions

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection requirements

6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with advisors and regulators

7. Security Measures: Required security measures for protecting confidential information, both physical and digital

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

9. Term and Termination: Duration of the agreement and termination provisions

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

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

Optional Sections

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

2. Joinder Mechanism: Procedures for adding new parties to the agreement post-execution

3. Competition Law Compliance: Required when parties are competitors or information sharing could raise competition law concerns

4. Export Control: Required when confidential information may be subject to export control regulations

5. Intellectual Property Rights: Required when confidential information includes IP or when sharing could affect IP rights

6. Audit Rights: Optional provisions allowing parties to audit compliance with the agreement

7. Insurance Requirements: Required when parties need specific insurance coverage for confidential information protection

Suggested Schedules

1. Schedule 1 - Party Details: Complete details of all parties including contact information for notices

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information

4. Schedule 4 - Form of Joinder Agreement: Template for adding new parties to the agreement

5. Schedule 5 - Form of Confidentiality Undertaking: Template confidentiality undertaking for Authorized Recipients

6. Schedule 6 - Data Processing Requirements: GDPR-specific requirements if personal data is involved

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