Non Disclosure Agreement For Consultants

Non Disclosure Agreement For Consultants Template for Denmark

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Document background

This Non-Disclosure Agreement For Consultants is essential when engaging external consultants or professional service providers who will have access to confidential business information in Denmark. The document is structured to comply with Danish law, particularly the Trade Secrets Act (Lov om forretningshemmeligheder) and Data Protection Act (Databeskyttelsesloven). It should be used before sharing any sensitive information with consultants, including business strategies, technical data, client information, or trade secrets. The agreement provides comprehensive protection while remaining compliant with Danish legal requirements regarding reasonable restrictions and enforceability. It includes specific provisions for data handling, document return or destruction, and breach remedies under Danish jurisdiction.

Suggested Sections

1. Parties: Identification of the disclosing company and the consultant, including registration numbers and addresses

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

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose' aligned with Danish law

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

5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements

7. Security Measures: Required measures for protecting confidential information

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

9. Term and Survival: Duration of the agreement and surviving obligations

10. Breach and Remedies: Consequences of breach and available remedies under Danish law

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

Optional Sections

1. Data Protection Compliance: Required when consultant may process personal data, ensuring GDPR compliance

2. Intellectual Property Rights: Include when consultant may encounter or develop IP during the engagement

3. Non-Competition: Optional restrictions on competing activities, subject to Danish competition law restrictions

4. Specific Security Protocols: Detailed security requirements for highly sensitive information or regulated industries

5. Audit Rights: Right to audit consultant's compliance, typically for regulated industries or highly sensitive information

6. Insurance Requirements: Required insurance coverage for high-risk engagements

7. Third Party Rights: Rights of group companies or other third parties to enforce the NDA

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information or categories covered

2. Schedule 2 - Authorized Recipients: List of permitted individuals or roles who may access the confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required

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

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

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