Mutual NDA

Mutual NDA Template for Denmark

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Document background

This Mutual NDA template is designed for use under Danish law when two or more parties need to share confidential information while ensuring mutual protection. The document is particularly relevant for business negotiations, potential partnerships, due diligence processes, or any situation requiring the exchange of sensitive information. It incorporates key requirements from Danish legislation, including the Danish Trade Secrets Act and the Danish Contracts Act, while also accounting for relevant EU regulations such as GDPR where applicable. The agreement is structured to provide clear definitions of confidential information, specific obligations for both parties, security requirements, and enforcement mechanisms, making it suitable for both domestic Danish transactions and international business relationships involving Danish entities.

Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information

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

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

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

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

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

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

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection: Additional provisions for compliance with GDPR when personal data is involved

2. Intellectual Property Rights: Clarification of IP ownership and rights when shared information includes IP

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

4. Export Control: Provisions for compliance with export control laws when applicable

5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors

6. Publicity: Restrictions on public announcements about the business relationship

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific business purpose for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may receive confidential information

4. Schedule 4 - Types of Confidential Information: Specific categories or examples of confidential information covered by the agreement

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