Consultant Confidentiality Agreement Template for Denmark

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Consultant Confidentiality Agreement

Document background

This Consultant Confidentiality Agreement is essential when organizations engage external consultants who need access to sensitive business information to perform their services. The document is specifically drafted to comply with Danish legal requirements, including the Danish Trade Secrets Act and Data Protection Act. It should be used whenever a company brings in external expertise and needs to protect its confidential information, trade secrets, intellectual property, and other sensitive data. The agreement covers key aspects such as the definition of confidential information, security protocols, permitted uses, and post-engagement obligations. It's particularly important in situations where consultants may have access to strategic, technical, or proprietary information that requires robust legal protection under Danish law.

Suggested Sections

1. Parties: Identification of the company and the consultant, including their full legal names, addresses, and registration numbers where applicable

2. Background: Context of the consultancy relationship and the need for confidentiality protection

3. Definitions: Detailed definitions of key terms including '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. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information

6. Security Measures: Specific measures required to protect confidential information, including physical and digital security requirements

7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

8. Duration of Obligations: Time period for which confidentiality obligations remain in effect

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

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. Intellectual Property Rights: Specific provisions regarding IP ownership and rights, particularly relevant when consultant may create or work with IP

2. Data Protection Compliance: Specific GDPR and Danish Data Protection Act compliance requirements, necessary when personal data is involved

3. Non-Competition: Restrictions on competitive activities, if applicable and permissible under Danish law

4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the consultation relationship

5. Permitted Disclosures: Specific circumstances where disclosure is permitted, such as to professional advisors or as required by law

6. Subcontractors: Provisions regarding use of subcontractors and ensuring their compliance with confidentiality obligations

7. Insurance Requirements: Specific insurance requirements for the consultant regarding confidential information protection

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Security Protocols: Detailed security measures and protocols to be followed when handling confidential information

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

4. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under GDPR and Danish law, if applicable

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

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