Non Disclosure Agreement Document

Non Disclosure Agreement Document Template for Denmark

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Document background

This Non-Disclosure Agreement Document is essential for businesses and individuals operating under Danish jurisdiction who need to protect confidential information during business discussions, negotiations, or collaborative projects. The agreement is particularly relevant when sharing sensitive business information, trade secrets, technical know-how, or personal data protected under Danish and EU law. It establishes clear obligations for handling confidential information, includes provisions compliant with the Danish Trade Secrets Act and, where applicable, addresses GDPR requirements. The document is commonly used before entering into detailed business negotiations, during due diligence processes, or when engaging with consultants, service providers, or potential business partners.

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, purpose of sharing confidential information, and nature of the business relationship

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

4. Scope of Confidentiality: Detailed description of what information is considered confidential and covered by the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

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

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

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach, including available remedies and potential penalties

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data, addressing GDPR and Danish Data Protection Act requirements

2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is anticipated

3. Non-Solicitation: Add when there's a need to prevent poaching of employees or clients

4. Publicity and Announcements: Include for high-profile relationships or when public disclosure needs to be controlled

5. Assignment and Subcontracting: Add when transfer rights need to be restricted or permitted under specific conditions

6. Insurance Requirements: Include when specific insurance coverage is required for handling sensitive information

7. Export Control: Add when dealing with international transfers of technical data or technology

8. Dispute Resolution: Include specific arbitration or mediation provisions if alternative dispute resolution is preferred

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of specific confidential information covered

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

3. Schedule 3 - Security Measures: Specific technical and organizational measures required for protecting confidential information

4. Schedule 4 - Approved Subcontractors: If relevant, list of pre-approved third parties who may receive confidential information

5. Appendix A - Data Processing Terms: Required when personal data is involved, detailing GDPR-compliant processing terms

6. Appendix B - Information Security Requirements: Detailed security protocols and requirements for handling digital information

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