Non Disclosure Agreement For Subcontractor

Non Disclosure Agreement For Subcontractor Template for Denmark

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Document background

This Non Disclosure Agreement For Subcontractor is essential when a company (main contractor) needs to share confidential information with its subcontractors while maintaining control over sensitive data and trade secrets under Danish law. The document is particularly relevant in project-based collaborations, outsourcing arrangements, and consulting engagements where subcontractors require access to proprietary information, trade secrets, technical specifications, or client data. It ensures compliance with Danish legal requirements, including the Trade Secrets Act (Lov om forretningshemmeligheder) and data protection regulations, while establishing clear mechanisms for information sharing, security protocols, and confidentiality obligations.

Suggested Sections

1. Parties: Identification of the disclosing party (main contractor) and receiving party (subcontractor), including full legal names, registration numbers, and addresses

2. Background: Context of the relationship, reference to the main contract or project, and purpose of sharing confidential information

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

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized representatives or as required by law

7. Security Measures: Specific measures required to protect confidential information, including physical, technical, and organizational measures

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

9. Term and Termination: Duration of the agreement and confidentiality obligations, including survival of obligations post-termination

10. Breach and Remedies: Consequences of breach, including injunctive relief and compensation

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

Optional Sections

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

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

3. Non-Solicitation: Optional clause preventing the subcontractor from soliciting employees or clients, recommended for sensitive projects

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

5. Audit Rights: Optional section granting the right to audit subcontractor's compliance, recommended for high-risk relationships

6. Insurance Requirements: Optional section requiring specific insurance coverage, recommended for high-value projects

7. Force Majeure: Optional clause addressing extraordinary circumstances, recommended for long-term NDAs

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed categorization of the types of confidential information covered

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

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

4. Appendix A - Form of Confidentiality Undertaking: Template for individual confidentiality undertakings by authorized representatives

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