Subcontractor Confidentiality Agreement

Subcontractor Confidentiality Agreement Template for Denmark

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Document background

The Subcontractor Confidentiality Agreement is essential for businesses operating in Denmark that engage subcontractors and need to share sensitive information while maintaining legal protection. This document is specifically designed to comply with Danish legal requirements, including the Trade Secrets Act and Data Protection Act, making it suitable for both domestic and international business relationships where Danish law applies. It should be used whenever a company needs to disclose confidential information, trade secrets, proprietary technology, or sensitive business data to subcontractors. The agreement includes comprehensive provisions for data protection, security measures, and breach remedies, aligned with Danish legal standards and business practices.

Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

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

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Authorized Representatives'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Data Protection Compliance: Obligations regarding personal data handling in accordance with Danish Data Protection Act

8. Security Measures: Required technical and organizational measures to protect confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

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: Section addressing IP ownership and licenses when confidential information includes IP - needed when IP transfer or licensing is part of the relationship

2. Non-Competition: Restrictions on competitive activities - include when there's a specific need to prevent competitive use of confidential information

3. Non-Solicitation: Restrictions on soliciting employees or customers - relevant when there's direct contact with main contractor's staff or clients

4. Audit Rights: Right to audit subcontractor's compliance - important for highly sensitive information or regulated industries

5. Insurance Requirements: Specific insurance obligations - relevant for high-value or high-risk confidential information

6. Third Party Rights: Rights of third parties whose confidential information may be involved - needed when handling third party confidential information

7. Force Majeure: Provisions for extraordinary circumstances - relevant for long-term agreements or those involving continuous information sharing

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of 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: Detailed security requirements and procedures for handling confidential information

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data under Danish law

5. Appendix A - Information Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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