Reciprocal NDA

Reciprocal NDA Template for Denmark

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Document background

This Reciprocal NDA template is designed for use when two parties need to share confidential information with each other while ensuring mutual protection under Danish law. The document is particularly suitable for business negotiations, joint ventures, potential partnerships, or any situation where bilateral exchange of sensitive information is necessary. It incorporates key requirements from Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and relevant EU regulations, making it appropriate for both domestic and international business relationships involving a Danish entity. The agreement provides equal obligations and rights to both parties, covering definition of confidential information, permitted uses, security requirements, and breach consequences.

Suggested Sections

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

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

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

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and legal requirements

7. Data Protection: Provisions ensuring GDPR compliance when confidential information includes personal data

8. Security Measures: Required security measures for protecting confidential information

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

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

11. Breach and Remedies: Consequences of breach and available remedies under Danish law

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP rights when confidential information includes patents, trademarks, or other IP - used when sharing technical or creative information

2. Non-Solicitation: Prohibitions on soliciting employees or customers - included when parties may have access to sensitive relationship information

3. Residual Rights: Provisions regarding use of retained knowledge - relevant for technical or consulting relationships

4. Export Control: Compliance with export control laws - necessary when information may be subject to international transfer restrictions

5. Competitive Activities: Provisions regarding competition between parties - included when parties are potential competitors

6. Force Majeure: Provisions for extraordinary circumstances - relevant for long-term NDAs or specific industry requirements

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

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