Non Disclosure Agreement For Contractors

Non Disclosure Agreement For Contractors Template for Denmark

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Document background

This Non Disclosure Agreement For Contractors is designed for companies operating under Danish law who engage independent contractors and need to protect their confidential information, trade secrets, and intellectual property. The document is particularly relevant when contractors require access to sensitive business information to perform their services. It includes provisions compliant with Danish legislation, including the Danish Contracts Act (Aftaleloven) and Trade Secrets Act (Lov om forretningshemmeligheder), while also addressing data protection requirements under the Danish Data Protection Act. The agreement is structured to protect the company's interests while establishing clear obligations and compliance requirements for contractors.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement - the company (disclosing party) and the contractor (receiving party)

2. Background: Brief context explaining the purpose of the agreement and the intended business relationship

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including non-use, non-disclosure, and security measures

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

7. Term and Survival: Duration of the agreement and survival of obligations after termination

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

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

Optional Sections

1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights, particularly relevant when contractor may be exposed to or create IP

2. Data Protection Compliance: Specific section addressing GDPR compliance, necessary when confidential information includes personal data

3. Non-Competition: Optional restrictions on competitive activities, if relevant to the contractor's role

4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the contractor's exposure to sensitive relationships

5. Security Protocols: Specific security measures required for handling confidential information, particularly relevant for technical contractors

6. Audit Rights: Company's right to audit contractor's compliance, particularly relevant for long-term or high-risk engagements

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of the contractor's services and context for accessing confidential information

2. Schedule 2 - Specific Types of Confidential Information: Detailed list of specific types of confidential information the contractor will have access to

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

4. Schedule 4 - Authorized Representatives: List of authorized representatives for both parties who may handle confidential information

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