NDA Subcontractor

NDA Subcontractor Template for Denmark

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Document background

This NDA Subcontractor template is designed for use under Danish law when a main contractor needs to share confidential information with subcontractors while maintaining strict control over its use and dissemination. The document is particularly relevant for businesses operating in Denmark that regularly engage subcontractors for projects or services requiring access to sensitive information. It incorporates key provisions required under Danish legislation, including the Trade Secrets Act and Data Protection Act, while providing flexibility to accommodate various business relationships and types of confidential information. The agreement includes essential confidentiality obligations, permitted uses, security requirements, and compliance mechanisms, making it suitable for both domestic and international business relationships subject to Danish jurisdiction.

Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including company details and registration numbers

2. Background: Context of the relationship and purpose of the NDA

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

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions

5. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

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

10. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

Optional Sections

1. Data Protection Compliance: Required when personal data may be shared under the NDA, ensuring GDPR compliance

2. Intellectual Property Rights: Include when IP rights may be relevant to the confidential information being shared

3. Non-Competition: Optional restrictions on competitive activities, if relevant to the relationship

4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant

5. Insurance Requirements: Include when specific insurance coverage is required for handling confidential information

6. Audit Rights: Include when the main contractor needs rights to audit the subcontractor's compliance

7. Subcontractor Personnel: Include when specific requirements for personnel handling confidential information are needed

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of the services or project context for which confidential information will be shared

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information

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

4. Schedule 4 - Data Processing Agreement: Required if personal data processing is involved, ensuring GDPR compliance

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

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