Non Disclosure Agreement And Confidentiality Agreement

Non Disclosure Agreement And Confidentiality Agreement Template for Denmark

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Document background

The Non Disclosure Agreement And Confidentiality Agreement is essential for businesses operating in Denmark who need to protect sensitive information during business discussions, negotiations, or collaborations. This document type is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors, suppliers, or potential partners. It ensures compliance with Danish legal requirements, particularly the Danish Trade Secrets Act and Data Protection Act, while providing clear mechanisms for protecting confidential information. The agreement is adaptable for various business contexts, from technology transfers to professional services, and can be customized to address specific types of confidential information, security measures, and disclosure requirements while maintaining enforceability under Danish law.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses

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

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

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

5. Obligations of Confidentiality: Core confidentiality obligations, including non-use, non-disclosure, and security measures

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law

7. Security Measures: Specific measures required to protect confidential information

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

9. Duration and Survival: Term of the agreement and which obligations survive termination

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

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Include when confidential information involves IP rights or when development of new IP is anticipated

3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship

4. Export Control: Include when confidential information may be subject to export control regulations

5. Force Majeure: Optional clause addressing extraordinary circumstances affecting compliance

6. Insurance Requirements: Include when specific insurance coverage for handling confidential information is required

7. Audit Rights: Optional provision allowing auditing of compliance with security measures

Suggested Schedules

1. Schedule 1: Description of Confidential Information: Detailed list or categories of specific confidential information covered

2. Schedule 2: Security Protocols: Detailed technical and organizational security measures required

3. Schedule 3: Authorized Recipients: List of individuals or roles authorized to access the confidential information

4. Schedule 4: Data Processing Terms: Required when personal data is involved, detailing GDPR compliance measures

5. Schedule 5: Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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