Technology NDA

Technology NDA Template for Denmark

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Document background

This Technology NDA is essential for businesses and organizations engaging in technology-related collaborations, development projects, or discussions where technical confidential information needs protection under Danish law. The document is particularly crucial when parties need to share sensitive technical information such as source code, technical specifications, algorithms, or other proprietary technology assets. It incorporates specific provisions required under Danish law and EU regulations, including GDPR compliance where relevant, and addresses particular challenges in protecting digital and technical assets. The Technology NDA is commonly used in situations ranging from software development partnerships to technology licensing discussions, ensuring that technical trade secrets and intellectual property remain protected throughout business negotiations or collaborative projects.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, company registration numbers (CVR), and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the general nature of the contemplated business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Technical Data', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including technical data, trade secrets, and other proprietary information

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

6. Security Measures: Required technical and organizational measures for protecting confidential information

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

8. Term and Termination: Duration of the agreement and confidentiality obligations, including survival of obligations post-termination

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

10. Breach and Remedies: Consequences of breach, including injunctive relief and compensation rights

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

Optional Sections

1. Data Protection Compliance: Specific section addressing GDPR compliance when personal data is involved in the confidential information

2. Source Code Protection: Additional provisions specifically for protecting software source code and related technical documentation

3. Export Control: Provisions regarding compliance with export control regulations when technology transfer may be involved

4. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of any technical information or products

5. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients

6. Competing Projects: Provisions addressing involvement in competing projects or technologies

7. Escrow Arrangements: Provisions for placing certain technical information in escrow if relevant

8. Audit Rights: Rights to audit compliance with confidentiality obligations

9. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches

Suggested Schedules

1. Schedule 1 - Description of Technical Information: Detailed description of the specific technical information covered by the NDA

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access the confidential information

3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required

4. Schedule 4 - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

5. Appendix A - Acknowledgment Form: Form for employees or subcontractors to acknowledge NDA obligations

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