Non Disparage Agreement

Non Disparage Agreement Template for Denmark

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Document background

The Non-Disparagement Agreement is commonly used in Danish business contexts to protect organizational and individual reputations during or after professional relationships. It becomes particularly relevant in employment separations, business partnership dissolutions, or settlement agreements. The document outlines specific prohibited behaviors, communication restrictions, and consequences for violations while ensuring compliance with Danish legal requirements, including constitutional protections for free speech and EU regulations. It's essential to note that while these agreements are generally enforceable under Danish law, they must be carefully drafted to balance legitimate business interests with individual rights and public policy considerations. The agreement typically includes provisions for both mutual and unilateral non-disparagement obligations, depending on the specific circumstances and relationship between the parties.

Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Explains the context and purpose of the agreement, including any relevant business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement' and 'confidential information'

4. Scope of Non-Disparagement: Details the specific types of statements and actions that are prohibited, including both direct and indirect disparagement

5. Mutual Obligations: Outlines the reciprocal duties of all parties to refrain from disparaging behavior

6. Duration: Specifies how long the non-disparagement obligations remain in effect

7. Exceptions: Lists permitted disclosures, such as those required by law or court order

8. Remedies: Describes the consequences of breaching the agreement, including potential damages and enforcement mechanisms

9. Governing Law and Jurisdiction: Specifies Danish law as governing law and designates jurisdiction for dispute resolution

10. Entire Agreement: Confirms that this document represents the complete agreement between parties and supersedes prior discussions

Optional Sections

1. Social Media Policy: Specific provisions regarding social media posts and online behavior - include when parties have significant online presence

2. Third Party Coverage: Extends obligations to related parties like family members or affiliated companies - use when broader protection is needed

3. Severability: Ensures remaining provisions stay valid if parts are found unenforceable - recommended for complex agreements

4. Survival: Specifies which obligations continue after agreement termination - important for long-term business relationships

5. Public Statements: Guidelines for making public announcements - relevant for high-profile individuals or companies

6. Employee Communication: Guidelines for internal communication - important when agreement involves corporate entities

7. Mediation Clause: Requires attempt at mediation before litigation - useful for maintaining business relationships

Suggested Schedules

1. Approved Public Statements: Pre-approved language for public communications about the relationship between parties

2. Excluded Matters: List of specific topics or matters excluded from the non-disparagement obligations

3. Communication Guidelines: Detailed protocols for handling external communications and media inquiries

4. Related Entities: List of affiliated companies, individuals, or entities covered by the agreement

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Non Disparage Agreement Template for Denmark

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