Bilateral NDA Template for Denmark

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Bilateral NDA

Document background

This Bilateral NDA template is designed for situations where two parties need to share confidential information with each other while ensuring mutual protection under Danish law. The agreement is commonly used during business negotiations, due diligence processes, joint ventures, or potential partnerships where both parties need to disclose sensitive information. It includes provisions compliant with Danish legislation, including the Trade Secrets Act (Lov om forretningshemmeligheder) and, where applicable, GDPR requirements. The document is structured to provide equal obligations and rights to both parties, making it suitable for balanced business relationships where trust and confidentiality are essential. This template is particularly valuable for both Danish domestic transactions and international business relationships involving Danish entities.

Suggested Sections

1. Parties: Identification and details of both parties entering into the NDA

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

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

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

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

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

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

12. Signatures: Execution blocks for both parties

Optional Sections

1. Intellectual Property Rights: Section clarifying that no IP rights are transferred through the disclosure of confidential information. Include when IP-sensitive information is involved.

2. Data Protection: Specific provisions regarding personal data handling under GDPR. Include when personal data will be shared.

3. Non-Solicitation: Prevents parties from soliciting each other's employees. Include when employees will be exposed to the other party.

4. Publicity: Restrictions on public announcements about the relationship. Include for high-profile or sensitive relationships.

5. Assignment: Rules about transferring rights under the NDA. Include when parties might undergo corporate changes.

6. Prior Agreements: Supersession of previous NDAs. Include when parties have existing NDAs.

7. Severability: Provision for partial invalidity. Include in complex agreements or when dealing with multiple jurisdictions.

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing

2. Schedule 2 - Security Requirements: Specific security measures and protocols required for handling confidential information

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information

4. Appendix A - Types of Confidential Information: Detailed categorization of confidential information covered by the agreement

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