NDA Non Solicitation

NDA Non Solicitation Template for Denmark

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Document background

This NDA Non Solicitation agreement is designed for use in the Danish legal context where parties need to protect both confidential information and business relationships. It is particularly relevant when sharing sensitive business information while also wanting to prevent the other party from soliciting employees, customers, or suppliers. The document complies with Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations. It's commonly used in business negotiations, potential partnerships, employment contexts, and corporate transactions where protecting both information and business relationships is crucial. The agreement includes detailed provisions on confidentiality obligations, permitted uses of information, non-solicitation restrictions, and enforcement mechanisms, all structured to be enforceable under Danish law.

Suggested Sections

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

2. Background: Context of the agreement, including the purpose of sharing confidential information and the general business relationship between the parties

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

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

5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers, including scope and duration

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

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 circumstances for termination

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

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

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when confidential information includes personal data

2. Intellectual Property Rights: Provisions clarifying ownership and usage rights of any IP disclosed under the agreement

3. Surviving Obligations: Specific provisions about which obligations survive termination, if different from standard terms

4. Assignment and Succession: Rules about transferability of the agreement, used when parties anticipate potential corporate changes

5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, particularly relevant for agreements between competitors

6. Internal Compliance Procedures: Detailed procedures for handling confidential information, recommended for complex organizations

7. Third Party Rights: Provisions regarding the rights of third parties, particularly relevant when group companies are involved

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information considered confidential under the agreement

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

3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4 - Restricted Entities: List of specific competitors or entities covered by non-solicitation provisions

5. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved

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