Non Disclosure Agreement For Financial Information

Non Disclosure Agreement For Financial Information Template for Denmark

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Document background

The Non-Disclosure Agreement For Financial Information is essential when parties need to share sensitive financial data in Denmark while ensuring legal compliance and confidentiality. This document is particularly relevant for situations such as mergers and acquisitions, investment discussions, financial audits, or strategic partnerships where detailed financial information must be disclosed. It incorporates specific requirements from Danish law, including the Danish Financial Business Act, Data Protection Act, and Trade Secrets Act, making it suitable for use in the Danish jurisdiction. The agreement covers various types of financial information including financial statements, investment data, pricing information, financial projections, and customer financial data. It's designed to protect both the disclosing and receiving parties while ensuring compliance with Danish regulatory requirements and establishing clear protocols for handling sensitive financial information.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Financial Information', 'Affiliated Companies', and 'Authorized Recipients'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and regulators

7. Data Protection Compliance: Obligations regarding personal data handling in accordance with the Danish Data Protection Act

8. Security Measures: Required security measures for protecting confidential information

9. Term and Termination: Duration of the agreement and termination provisions

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

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

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

Optional Sections

1. Insider Trading Prevention: Required when shared information might constitute inside information under securities laws

2. Regulatory Compliance: Required when parties are regulated financial institutions

3. Digital Storage and Transmission: Needed when confidential information will be shared or stored electronically

4. Third Party Rights: Required when information of third parties might be included in the shared information

5. Audit Rights: Optional section granting rights to audit compliance with the NDA

6. Non-Solicitation: Optional protection against solicitation of employees or clients

7. Assignment and Subcontracting: Required when either party might need to assign rights or subcontract obligations

8. Force Majeure: Optional clause dealing with circumstances beyond parties' control

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial information covered by the NDA

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing any personal data contained in the financial information

5. Appendix A - Contact Details: Contact information for key personnel responsible for managing confidential information

6. Appendix B - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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