Non Disclosure Non Circumvention Agreement

Non Disclosure Non Circumvention Agreement Template for Denmark

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Document background

The Non Disclosure Non Circumvention Agreement (NDNCA) is essential for businesses operating under Danish law who need to protect their confidential information while exploring potential business relationships or negotiations. This document combines traditional NDA protections with specific provisions preventing parties from bypassing each other in business dealings, making it particularly valuable for strategic partnerships, joint ventures, and complex business negotiations. The agreement ensures compliance with Danish trade secrets legislation, contract law, and relevant EU regulations, including GDPR where applicable. It's commonly used during business negotiations, due diligence processes, joint ventures, and other situations where sensitive information needs to be shared while maintaining business relationship integrity. The document includes comprehensive definitions of confidential information, specific security requirements, and clear enforcement mechanisms under Danish jurisdiction.

Suggested Sections

1. Parties: Identification and details of all contracting parties

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Detailed definitions of key terms including Confidential Information, Permitted Purpose, and Circumvention

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Information Security Measures: Required security measures for protecting confidential information

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

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

10. Breach and Remedies: Consequences of breach and available remedies

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes intellectual property

2. Data Protection: Specific provisions for handling personal data under GDPR when applicable

3. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients

4. Assignment: Rules regarding the transfer of rights and obligations under the agreement

5. Force Majeure: Provisions for extraordinary circumstances affecting performance

6. Audit Rights: Rights to audit compliance with confidentiality obligations for high-security situations

7. Insurance: Requirements for insurance coverage in high-value or high-risk situations

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement

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. Schedule 4 - Permitted Purpose: Detailed description of the business purpose for which confidential information may be used

5. Appendix A - Data Processing Terms: Additional terms for GDPR compliance when personal data is involved

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