Non Disclosure Agreement Management

Non Disclosure Agreement Management Template for Denmark

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Document background

This Non-Disclosure Agreement Management document serves as a critical tool for organizations operating under Danish jurisdiction who need to protect confidential information during business relationships. It is specifically designed to align with Danish legal requirements and business practices, incorporating elements from the Danish Trade Secrets Act, Contract Law, and relevant EU regulations. The document should be used when parties need to share sensitive business information, trade secrets, or proprietary data while ensuring legal protection. It includes comprehensive provisions for information handling, security measures, and compliance requirements, making it suitable for various business contexts from mergers and acquisitions to routine business partnerships. The template provides flexibility to accommodate different types of confidential information while maintaining enforceability under Danish law.

Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties, including company registration numbers (CVR numbers for Danish companies)

2. Background: Context of the agreement and the purpose for sharing confidential information

3. Definitions: Clear definitions of Confidential Information, Permitted Purpose, Affiliates, and other key terms used in the agreement

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

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information

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

7. Data Protection: Provisions ensuring compliance with GDPR and Danish Data Protection Act requirements

8. Security Measures: Required measures for protecting and securing confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Duration and Termination: Term of the agreement and survival of obligations

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. Ownership and Intellectual Property: Additional provisions regarding IP rights when confidential information includes intellectual property - used when sharing technical information or trade secrets

2. Non-Solicitation: Restrictions on soliciting employees or customers - included when parties are competitors or in sensitive business relationships

3. Non-Competition: Restrictions on competitive activities - used carefully and only when necessary due to Danish competition law considerations

4. Assignment and Transfer: Rules for transferring rights under the NDA - included when parties anticipate potential corporate restructuring

5. Relationship of Parties: Clarification that the NDA does not create any other business relationship - used when parties want to explicitly limit the scope of their relationship

6. Publicity: Restrictions on public announcements about the relationship - important for listed companies or sensitive business relationships

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose and scope of the information sharing

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

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

4. Appendix A - Categories of Confidential Information: Detailed list or categories of information covered by the agreement

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