Perpetual NDA

Perpetual NDA Template for Denmark

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Document background

This Perpetual NDA template is designed for use under Danish law when parties need to establish ongoing, indefinite protection for confidential information and trade secrets. It is particularly relevant for situations involving strategic business information, technological innovations, or proprietary knowledge that requires protection beyond a standard fixed-term NDA. The document complies with Danish legal requirements, including the Danish Trade Secrets Act and the Danish Contracts Act, while also addressing EU regulatory requirements such as GDPR where applicable. The perpetual nature of the confidentiality obligations makes this agreement suitable for protecting information that maintains its value indefinitely, such as manufacturing processes, proprietary algorithms, or core business methodologies.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including company details as required under Danish law

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

3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Representatives', and other relevant terms in compliance with Danish legal definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, aligned with Danish Trade Secrets Act requirements

5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information

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

7. Security Measures: Required measures for protecting confidential information

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

9. Duration and Survival: Specification of the perpetual nature of obligations

10. Remedies: Legal remedies available in case of breach, including injunctive relief

11. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

Optional Sections

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

2. Intellectual Property Rights: Include when confidential information involves IP rights

3. Non-Solicitation: Optional provision preventing solicitation of employees or customers

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

5. Assignment: Include when transfer of rights needs to be addressed

6. Severability: Optional boilerplate addressing partial invalidity

7. Amendments: Include when specific amendment procedures are required

Suggested Schedules

1. Description of Confidential Information: Detailed list or categories of confidential information covered

2. Authorized Representatives: List of individuals or roles authorized to receive confidential information

3. Security Protocols: Specific security measures and procedures to be followed

4. Data Processing Terms: Required when personal data processing is involved, ensuring GDPR compliance

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