Non Solicitation Non Disclosure Agreement

Non Solicitation Non Disclosure Agreement Template for Denmark

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Document background

The Non-Solicitation Non-Disclosure Agreement under Danish law is essential for businesses and individuals engaging in relationships where sensitive information is shared and business relationships need protection. This document is particularly relevant when parties enter into business discussions, partnerships, or employment relationships where confidential information will be exchanged and there's a need to prevent poaching of employees or customers. The agreement must comply with Danish legal requirements, including the Trade Secrets Act (Lov om forretningshemmeligheder) and the Marketing Practices Act (Markedsføringsloven), while also considering EU regulations such as GDPR where personal data is involved. It's commonly used in business transactions, potential partnerships, employment relationships, and consultancy arrangements where protection of both information and business relationships is crucial.

Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Detailed definitions of key terms including Confidential Information, Trade Secrets, Solicitation, and other relevant terms

4. Confidentiality Obligations: Core obligations regarding handling and protection of confidential information, including scope, security measures, and permitted uses

5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or business partners, including scope and duration

6. Duration and Survival: Term of the agreement and which provisions survive termination

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

8. Breach and Remedies: Consequences of breach, including remedies, damages, and injunctive relief

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

10. Signatures: Execution block for parties' signatures, dates, and witness provisions if required

Optional Sections

1. Permitted Disclosures: Details of circumstances under which confidential information may be disclosed, such as to professional advisors or as required by law. Include when sophisticated parties are involved or regulatory compliance is a concern.

2. Data Protection Compliance: Specific provisions relating to GDPR compliance and personal data processing. Include when personal data will be shared under the agreement.

3. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the agreement. Include when dealing with larger organizations or when future corporate transactions are likely.

4. Severability: Provisions for maintaining validity of remaining clauses if some are found invalid. Include in jurisdictions with strict enforcement of restrictive covenants.

5. Third Party Rights: Provisions regarding rights of third parties under the agreement. Include when third party beneficiaries need protection.

6. Non-Competition: Additional restrictions on competitive activities. Include only when specifically negotiated and ensuring compliance with Danish law on restrictive covenants.

Suggested Schedules

1. Schedule 1: Specified Confidential Information: Detailed list or categories of information considered confidential under the agreement

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

3. Schedule 3: Security Measures: Specific security protocols and measures required for protecting confidential information

4. Schedule 4: Restricted Customers/Employees: List of specific customers or employees covered by non-solicitation provisions

5. Appendix A: Data Processing Terms: Detailed terms for personal data processing in compliance with GDPR, if applicable

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