Nda (Technology)

Nda (Technology) Template for Denmark

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Document background

This Nda (Technology) template is specifically designed for use in Denmark when parties need to share sensitive technical information, trade secrets, or intellectual property in the context of technology-related business relationships. It provides robust protection under Danish law while incorporating EU requirements, particularly the Trade Secrets Directive and GDPR where applicable. The document is suitable for various technology-related scenarios, including software development partnerships, technical due diligence, R&D collaborations, and technology licensing negotiations. It includes specific provisions for protecting technical data, source code, and other technology-related confidential information, making it particularly valuable for companies operating in Denmark's growing technology sector.

Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on technical specifications, source code, algorithms, and trade secrets

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

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

7. Security Measures: Specific technical and organizational measures required to protect confidential information

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

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved in the technical information

2. Source Code Protection: Additional provisions specifically for protecting source code and software-related information

3. Export Control: Provisions dealing with export control regulations when technology may be subject to international trade restrictions

4. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of technical information or products

5. Employee and Contractor Obligations: Specific provisions for ensuring employees and contractors maintain confidentiality

6. Intellectual Property Rights: Additional provisions clarifying IP ownership and rights when technical information includes IP

7. Audit Rights: Provisions allowing audit of confidential information handling procedures

Suggested Schedules

1. Schedule 1 - Description of Technical Information: Detailed description of the technical information covered by the NDA

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

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

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

5. Appendix B - Specific Technology Definitions: Detailed definitions of technical terms and technologies specific to the agreement

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