Privacy And Confidentiality Agreement

Privacy And Confidentiality Agreement Template for Denmark

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Document background

The Privacy And Confidentiality Agreement is essential for business relationships involving the sharing of sensitive personal data and confidential information in Denmark. This document type has become increasingly critical since the implementation of GDPR and the Danish Data Protection Act, as it combines both privacy law compliance and traditional confidentiality protections. It is particularly relevant when establishing business relationships involving data processing, service provision, or information sharing that requires robust protection under Danish law. The agreement addresses key requirements including data processing obligations, security measures, breach notification procedures, and confidentiality provisions, while ensuring compliance with both EU-wide regulations and specific Danish legal requirements. It is commonly used in vendor relationships, service agreements, employment contexts, and business partnerships where personal data or confidential information needs to be protected.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information and/or personal data

3. Definitions: Detailed definitions of key terms including Confidential Information, Personal Data, Processing, Data Subject, Controller, Processor, and other relevant GDPR terms

4. Scope of Confidentiality: Detailed description of what information is considered confidential and covered by the agreement

5. Data Protection Obligations: GDPR-specific obligations including lawful basis for processing, data security measures, and data subject rights

6. Confidentiality Obligations: Core confidentiality provisions, including use restrictions, security measures, and permitted disclosures

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

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Breach and Remedies: Consequences of breach, including notification requirements, remedies, and potential penalties

10. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

11. Execution: Signature blocks and execution details

Optional Sections

1. Data Transfer Provisions: Required when personal data will be transferred outside the EU/EEA, including standard contractual clauses

2. Sub-processor Provisions: Needed when the receiving party may engage sub-processors to handle the confidential information or personal data

3. Intellectual Property Rights: Required when confidential information includes IP-protected materials or when data processing may result in new IP

4. Insurance Requirements: Relevant when dealing with high-risk data processing or when required by industry regulations

5. Audit Rights: Optional section providing detailed audit procedures, particularly relevant for long-term or high-risk processing

6. Employee and Contractor Obligations: Detailed provisions for ensuring compliance by staff and contractors, particularly relevant in service provider contexts

Suggested Schedules

1. Description of Processing Activities: Detailed schedule outlining the nature, purpose, duration, and type of data processing activities

2. Technical and Organizational Measures: Specific security measures implemented to protect confidential information and personal data

3. Authorized Personnel: List of individuals or roles authorized to access the confidential information or process personal data

4. Data Categories and Purposes: Detailed categorization of personal data types and processing purposes

5. Sub-processor List: If applicable, list of approved sub-processors and their processing activities

6. Contact Points and Procedures: List of key contacts and procedures for routine communications and breach notifications

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