Non Disclosure Waiver

Non Disclosure Waiver Template for Denmark

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Document background

The Non-Disclosure Waiver is essential in business situations where parties need to share sensitive information while allowing for specific, controlled circumstances where confidentiality obligations can be waived. This document type is particularly relevant in Danish business contexts where companies need to balance strict confidentiality requirements with practical business needs for information sharing. The agreement must comply with Danish law, including the Danish Trade Secrets Act and relevant EU regulations such as GDPR. It's commonly used in business transactions, partnerships, employee relationships, and corporate collaborations where certain confidential information needs to be shared with third parties or used for specific purposes outside standard confidentiality restrictions.

Suggested Sections

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

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

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

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

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

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

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

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is contemplated

3. Non-Solicitation: Add when there's a need to prevent poaching of employees or clients

4. Non-Competition: Include when parties are competitors or when there's a specific need to restrict competitive activities

5. Specific Project References: Add when the NDA relates to a specific project or transaction

6. Export Control: Include when confidential information may be subject to export control regulations

7. Remedies and Indemnification: Additional section on specific remedies when standard damages may be insufficient

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific documents, data, or information considered confidential

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

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

4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used

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