Non Disclosure Agreement

Non Disclosure Agreement Template for Denmark

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Document background

The Non-Disclosure Agreement (NDA) serves as a crucial legal instrument under Danish law for protecting confidential information in various business contexts. It is typically used when parties need to share sensitive information during business negotiations, due diligence processes, potential partnerships, or other commercial relationships. The agreement ensures compliance with Danish legal requirements, including the Trade Secrets Act and data protection regulations, while providing clear guidelines for handling confidential information and consequences for breach. This document is essential for establishing trust and legal protection before engaging in detailed business discussions or sharing proprietary information in Denmark.

Suggested Sections

1. Parties: Identification of all parties to the agreement, 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 nature of the proposed business relationship

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

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it will be identified or marked

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

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

7. Term and Survival: Duration of the agreement and which obligations survive termination

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

9. Breach and Remedies: Consequences of breach, including injunctive relief and compensation rights under Danish law

10. General Provisions: Standard clauses including notices, amendments, assignment, and governing law

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Data Protection: Required when confidential information includes personal data subject to GDPR and Danish Data Protection Act

2. Intellectual Property Rights: Needed when confidential information includes IP or when IP might be created during the business relationship

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

4. Reverse Engineering: Prohibition on reverse engineering, particularly relevant for technical or product-related confidential information

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

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

7. Force Majeure: Optional clause addressing extraordinary circumstances affecting ability to protect confidential information

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

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

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

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