Personal Confidentiality Agreement

Personal Confidentiality Agreement Template for Denmark

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Document background

This Personal Confidentiality Agreement template is designed for use under Danish law when one party needs to share sensitive or proprietary information with another party while ensuring legal protection of such information. The agreement is commonly used in employment contexts, business negotiations, consulting arrangements, and other professional relationships where confidential information needs to be disclosed. It incorporates key requirements from Danish legislation, including the Danish Data Protection Act, Trade Secrets Act, and Contracts Act, making it suitable for use in Denmark or for Danish-governed relationships. The document addresses various types of confidential information, from trade secrets and intellectual property to personal data, and includes specific provisions required under Danish law for enforceability.

Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses

2. Background: Context of the agreement and the relationship between the parties

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

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

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

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

7. Security Measures: Required measures to protect and safeguard confidential information

8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

9. Duration: Term of the confidentiality obligations

10. Breach and Remedies: Consequences of breach and available remedies

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with GDPR and Danish Data Protection Act when confidential information includes personal data

2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP-protected material

3. Non-Solicitation: Additional provisions preventing solicitation of employees or customers, if relevant to the relationship

4. Assignment: Rules regarding the ability to assign rights and obligations under the agreement

5. Prior Disclosure: Provisions covering confidential information disclosed before the agreement date

6. Residual Knowledge: Provisions addressing the use of retained knowledge that cannot be practically erased from memory

7. Third Party Rights: Provisions regarding the rights of third parties whose confidential information may be involved

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered by the agreement

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

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

4. Appendix A - Acknowledgment Form: Form for additional individuals who may need to acknowledge and agree to the confidentiality obligations

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