Three Way NDA

Three Way NDA Template for Denmark

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Document background

This Three Way NDA is specifically designed for situations where three independent parties need to share sensitive business or technical information in Denmark. The document is particularly relevant for joint ventures, collaborative projects, or complex business relationships where multiple parties need access to each other's confidential information. It incorporates key requirements from Danish law, including compliance with the Danish Contracts Act and Trade Secrets Act, while also addressing EU regulatory requirements such as GDPR where applicable. The Three Way NDA structure ensures that information can flow appropriately between all parties while maintaining strict confidentiality controls and clear accountability measures. This agreement is commonly used in business negotiations, product development collaborations, strategic partnerships, or when engaging third-party service providers who need access to information from multiple parties.

Suggested Sections

1. Parties: Identification of all three parties to the agreement, including full legal names, registration numbers, and registered addresses

2. Background: Context of the relationship between the three parties and purpose of entering into the NDA

3. Definitions: Clear definitions of Confidential Information, Permitted Purpose, Representatives, and other key terms specific to the three-way relationship

4. Scope of Confidentiality: Definition of what constitutes confidential information from each party and how it may be designated

5. Permitted Disclosures: Circumstances under which confidential information may be shared between the three parties and with authorized representatives

6. Protection Measures: Security measures required to protect confidential information, including digital and physical safeguards

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon agreement termination or request

8. Term and Termination: Duration of the agreement and circumstances for termination

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

10. General Provisions: Standard provisions including governing law, jurisdiction, amendments, and severability

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data, addressing GDPR and Danish Data Protection Act requirements

2. Competitive Restrictions: Optional restrictions on competitive activities, if relevant to the business relationship

3. Representatives and Authorized Persons: Detailed section on specifically authorized individuals when stricter control over information access is needed

4. International Transfer Provisions: Required when parties are located in different jurisdictions or information will cross borders

5. Survival Clause: Specific provisions that continue after termination, recommended for longer-term confidentiality requirements

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information for each party

2. Schedule 2 - Information Categories: Detailed categorization of different types of confidential information and their handling requirements

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for different types of confidential information

4. Appendix A - Notification Forms: Standard forms for designating confidential information and requesting return/destruction

5. Appendix B - Processing Requirements: Specific requirements for processing and handling different categories of confidential information

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