Nondisclosure Agreement

Nondisclosure Agreement Template for Denmark

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Document background

This Nondisclosure Agreement template is specifically drafted for use under Danish law and is essential for businesses and individuals sharing sensitive information in Denmark or with Danish entities. The agreement should be used whenever parties need to exchange confidential information during business discussions, due diligence processes, commercial negotiations, or ongoing business relationships. It incorporates key provisions required by Danish legislation, including the Danish Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations. The document is particularly important in the Danish business context, where protection of intellectual property and business secrets is crucial, and where specific legal requirements must be met for the agreement to be enforceable.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, company registration numbers (CVR), and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care

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

7. Term and Survival: Duration of the agreement and survival of obligations after termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

Optional Sections

1. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want to prevent poaching

2. Data Protection: GDPR compliance provisions, required when confidential information includes personal data

3. Intellectual Property Rights: Clarification of IP ownership and rights, important when shared information involves IP

4. Security Measures: Specific security requirements for handling confidential information, useful for highly sensitive information

5. Export Control: Compliance with export control laws, necessary for international transfers of technical data

6. Non-Competition: Restrictions on competitive activities, included when there's a risk of competitive use of information

7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value confidential information

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

2. Schedule 2 - Specified Representatives: List of authorized representatives who may access the confidential information

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

4. Appendix A - Types of Confidential Information: Detailed categorization of the types of confidential information covered

5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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