Software Non Disclosure Agreement

Software Non Disclosure Agreement Template for Denmark

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Document background

The Software Non-Disclosure Agreement is essential for protecting proprietary software information in Danish business contexts. It is typically used when software companies, developers, or technology providers need to share sensitive technical information, source code, or development methodologies with other parties. The document is structured to comply with Danish law, particularly the Danish Trade Secrets Act and the Danish Contracts Act, while incorporating relevant EU regulations such as GDPR where applicable. This agreement is crucial when engaging in software development projects, licensing negotiations, system integration work, or software testing arrangements where confidential technical information needs to be shared. The document provides specific provisions for digital assets protection and includes appropriate remedies under Danish jurisdiction.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including company registration numbers (CVR numbers) and authorized representatives

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the software-related disclosure

3. Definitions: Key terms including 'Confidential Information', 'Software', 'Source Code', 'Documentation', 'Trade Secrets', and other relevant technical terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to software elements

5. Obligations of Receiving Party: Core confidentiality obligations, security measures, and permitted uses of the confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized persons

7. Term and Termination: Duration of the agreement and obligations upon termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends

9. Breach and Remedies: Consequences of breach, including injunctive relief and damages under Danish law

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

Optional Sections

1. Third Party Access: Additional provisions for cases where third-party contractors or service providers need access to the software

2. International Transfer: Specific provisions for cross-border transfer of confidential information, particularly relevant if parties are not both Danish

3. Source Code Protection: Enhanced protection measures specifically for source code access and handling

4. Reverse Engineering: Specific prohibitions or limitations on reverse engineering of software

5. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to GDPR

6. Audit Rights: Rights to audit compliance with security measures, particularly relevant for high-security software

7. Competition Restrictions: Non-compete or non-solicitation provisions, if permitted under the specific circumstances

Suggested Schedules

1. Schedule 1 - Description of Software: Detailed description of the software and related technologies covered by the NDA

2. Schedule 2 - Security Measures: Specific technical and organizational security measures required for protecting the confidential information

3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which the confidential information may be used

5. Appendix A - Data Processing Terms: Additional terms for cases where personal data is involved, ensuring GDPR compliance

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