Government Non Disclosure Agreement Template for Denmark

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Government Non Disclosure Agreement

Document background

The Government Non-Disclosure Agreement is essential for Danish government entities when sharing sensitive or classified information with external parties. This document type is specifically tailored to comply with Danish legal requirements, including the Public Administration Act (Forvaltningsloven), Data Protection Act (Databeskyttelsesloven), and relevant provisions of the Danish Criminal Code. It is typically used when government agencies need to share confidential information with contractors, consultants, or other third parties for projects, procurement, or collaborative initiatives. The agreement balances the Danish government's commitment to transparency with the need to protect sensitive information, incorporating specific provisions for data protection, security protocols, and compliance with public sector regulations. It includes comprehensive security requirements, data handling procedures, and clear consequences for breaches, making it suitable for various levels of government engagement with external parties.

Suggested Sections

1. Parties: Identification of the government entity and the receiving party, including their legal status and authority to enter into the agreement

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

3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Government Information', 'Authorized Personnel', and 'Security Requirements'

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

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and government authorizations

7. Security Measures: Specific security protocols and measures required for handling government confidential information

8. Data Protection Compliance: Compliance requirements with Danish Data Protection Act and GDPR where applicable

9. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

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

11. Breach and Consequences: Consequences of breach, including references to relevant sections of Danish Criminal Code

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

Optional Sections

1. International Transfer of Information: Required when confidential information may be transferred outside Denmark, addressing additional security and legal requirements

2. Specific Department Provisions: Additional provisions specific to certain government departments (e.g., defense, healthcare, law enforcement)

3. Audit Rights: Government's right to audit compliance with the NDA, included when handling highly sensitive information

4. Insurance Requirements: Specific insurance obligations, included when handling high-risk or valuable information

5. Subcontractor Provisions: Required when the receiving party may need to engage subcontractors

6. Publicity and Communications: Rules regarding public communications about the relationship, included for high-profile or sensitive projects

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed listing and classification of different types of confidential information covered

2. Schedule 2 - Security Protocols: Detailed security requirements and procedures for handling confidential information

3. Schedule 3 - Authorized Personnel: List of authorized personnel and their security clearance levels

4. Schedule 4 - Data Processing Requirements: Specific requirements for processing personal data under Danish law

5. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information

6. Appendix B - Incident Reporting Forms: Templates and procedures for reporting security incidents or breaches

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