Non Disclosure Agreement Form

Non Disclosure Agreement Form Template for Denmark

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Document background

The Non-Disclosure Agreement Form is a essential legal document used in Danish business contexts to protect confidential information shared between parties. It is particularly relevant when entering into business negotiations, partnerships, employment relationships, or any situation requiring the exchange of sensitive information. The agreement must comply with Danish law, including the Danish Trade Secrets Act (Lov om forretningshemmeligheder) and the Danish Contracts Act (Aftaleloven), while also addressing EU requirements such as GDPR where applicable. This document typically includes detailed provisions on what constitutes confidential information, permitted uses, security requirements, and enforcement mechanisms, all structured within the framework of Danish legal principles and business practices.

Suggested Sections

1. Parties: Identification of all parties to the agreement, 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 other relevant terms

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

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses

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

7. Security Measures: Required measures for protecting and securing confidential information

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

9. Duration and Termination: Term of the agreement and survival of obligations post-termination

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

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

Optional Sections

1. Non-Solicitation: Optional clause preventing solicitation of employees or customers, relevant when parties are business competitors

2. Non-Competition: Restrictions on competitive activities, used when there's significant risk of competitive advantage through information access

3. Intellectual Property Rights: Clarification of IP ownership and rights, particularly important for R&D or technology-related NDAs

4. Data Protection Compliance: Specific GDPR compliance provisions, required when personal data is involved

5. Assignment and Succession: Rules for transferring rights under the NDA, important for corporate restructuring scenarios

6. Representatives and Warranties: Additional assurances about authority to share information and its accuracy

7. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information

8. Audit Rights: Rights to audit compliance with the NDA, useful for highly sensitive information

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

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

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

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