One Way NDA

One Way NDA Template for Denmark

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Document background

This One-Way NDA template is specifically designed for use under Danish law in situations where one party needs to share confidential information with another party while maintaining strict control over its use and dissemination. The document is particularly relevant for business negotiations, potential partnerships, vendor relationships, or consulting arrangements where proprietary information must be disclosed. It incorporates key provisions required under Danish legislation, including the Danish Trade Secrets Act and Danish Contracts Act, while ensuring alignment with EU regulations such as GDPR where applicable. The agreement is structured to provide robust protection for the disclosing party while remaining reasonable and enforceable under Danish law, making it suitable for both domestic and international business relationships where Danish law governs the arrangement.

Suggested Sections

1. Parties: Identification of the Disclosing Party and Receiving Party, including full legal names and addresses

2. Background: Context of the disclosure relationship and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Disclosure of Confidential Information: Scope and nature of confidential information to be disclosed

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law

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

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

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

10. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement

Optional Sections

1. Residual Information: Optional clause addressing treatment of information retained in memory, used when dealing with professional service providers

2. Data Protection: Additional section required when confidential information includes personal data subject to GDPR

3. Non-Solicitation: Optional restriction on soliciting employees/customers, included when business relationship involves exposure to key personnel

4. Export Control: Required when confidential information may be subject to export control regulations

5. Competitive Activities: Optional provisions regarding restrictions on competitive activities, used in sensitive business contexts

Suggested Schedules

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

2. Schedule 2 - Security Requirements: Specific security measures and protocols required for handling confidential information

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information

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

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