Financial Disclosure Agreement Template for Denmark

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Financial Disclosure Agreement

Document background

A Financial Disclosure Agreement is essential when parties need to share sensitive financial information while ensuring legal protection and regulatory compliance under Danish law. This document is commonly used in financial transactions, due diligence processes, audits, and business negotiations where one party needs to disclose confidential financial data to another. The agreement ensures compliance with the Danish Financial Business Act, Data Protection Act, and other relevant regulations while establishing clear protocols for handling sensitive information. It's particularly crucial in Denmark's highly regulated financial sector, where strict requirements govern the handling of financial data and personal information. The document provides legal safeguards for both the disclosing and receiving parties, defining permitted uses, security requirements, and consequences of breach.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the purpose of sharing financial information and the relationship between the parties

3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Financial Information', 'Authorized Recipients', and other relevant terms

4. Scope of Financial Disclosure: Detailed description of the financial information to be disclosed, including type, format, and frequency

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

6. Permitted Uses: Specific purposes for which the financial information may be used and conditions for such use

7. Security Measures: Required security protocols and measures for protecting the financial information

8. Data Protection Compliance: Obligations related to GDPR and Danish Data Protection Act compliance

9. Return or Destruction: Requirements for returning or destroying financial information upon termination or request

10. Term and Termination: Duration of the agreement and circumstances for termination

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

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

Optional Sections

1. Audit Rights: Rights to audit compliance with the agreement, recommended for high-value or high-risk disclosures

2. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value financial information

3. Third Party Rights: Provisions regarding disclosure to third parties, needed when third-party access is anticipated

4. Market Abuse Prevention: Specific provisions for preventing insider trading, required when disclosed information could affect market prices

5. International Transfer: Provisions for cross-border data transfers, necessary when parties are in different jurisdictions

6. Regulatory Compliance: Specific compliance requirements for regulated entities, needed when parties are subject to financial regulation

Suggested Schedules

1. Schedule 1 - Specified Financial Information: Detailed list and description of financial information covered by the agreement

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

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling the financial information

4. Schedule 4 - Disclosure Timeline: Timeline and schedule for regular financial disclosures

5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data within financial information

6. Appendix B - Notification Templates: Standard forms for various notifications required under the agreement

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