Digital Non Disclosure Agreement

Digital Non Disclosure Agreement Template for Denmark

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Document background

The Digital Non-Disclosure Agreement is essential in today's increasingly digital business environment, where sensitive information is primarily shared and stored electronically. This agreement, governed by Danish law, is specifically designed to address the unique challenges of digital information sharing, including electronic transmission, storage, and security measures. It is particularly relevant for businesses engaging in digital collaboration, remote work arrangements, or electronic data exchange. The document ensures compliance with Danish legal requirements, including the Danish Contracts Act, Data Protection Act, and relevant EU regulations such as GDPR. It should be used whenever parties need to share confidential information through digital means, whether for business negotiations, project collaboration, or strategic partnerships. The agreement includes specific provisions for digital security protocols, electronic signatures, and data protection measures.

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 and purpose for sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', '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 and permitted uses of the confidential information

6. Digital Security Measures: Specific requirements for digital storage, transmission, and handling of confidential information

7. Term and Termination: Duration of the agreement and termination provisions

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

9. Breach and Remedies: Consequences of breach and available remedies

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

Optional Sections

1. Data Protection Compliance: Additional section when confidential information includes personal data under GDPR

2. Third Party Disclosure: Include when sharing with authorized third parties might be necessary

3. Intellectual Property Rights: Add when confidential information includes IP-protected material

4. Employee and Contractor Obligations: Include when the receiving party needs to share information with employees or contractors

5. Non-Solicitation: Optional section to prevent poaching of employees or clients

6. Digital Signature Provisions: Specific provisions about the validity and process of digital signing

7. Export Control: Include when confidential information might be subject to export control regulations

Suggested Schedules

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

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Protocol: Technical and organizational measures for digital security

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

5. Appendix B - Digital Security Standards: Specific digital security standards and protocols to be followed

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