Non Compete Non Disclosure Agreement Template for Denmark

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Non Compete Non Disclosure Agreement

Document background

The Non-Compete Non Disclosure Agreement (NCNDA) is essential for Danish businesses seeking to protect their confidential information and competitive position. This document type is particularly relevant when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. The agreement must comply with Danish law, particularly the Danish Act on Employment Clauses and Trade Secrets Act, which impose specific requirements including mandatory compensation for non-compete restrictions. The NCNDA should be used at the commencement of any business or employment relationship where protection of confidential information and prevention of competitive activities are crucial. It covers detailed provisions on confidentiality obligations, restricted activities, geographical limitations, and compensation structures, all aligned with Danish legal requirements.

Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, company registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of entering into the agreement

3. Definitions: Clear definitions of key terms including Confidential Information, Trade Secrets, Competitive Activities, and Territory

4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information

5. Non-Compete Provisions: Specific restrictions on competitive activities, including scope, duration, and geographical limitations in compliance with Danish law

6. Compensation for Non-Compete: Mandatory compensation details as required under Danish law (minimum 40-60% of salary)

7. Duration and Notice: Term of both NDA and non-compete obligations, including notice requirements

8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon agreement termination

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

Optional Sections

1. Non-Solicitation Provisions: Additional restrictions on soliciting employees, customers, or suppliers - include when broader protection is needed

2. Intellectual Property Rights: Specific provisions regarding IP ownership and protection - include when IP is particularly relevant to the relationship

3. Data Protection Compliance: GDPR and Danish Data Protection Act compliance measures - include when personal data processing is involved

4. Assignment and Succession: Rights to assign the agreement - include for corporate entities or possible future transactions

5. Severability: Provisions for partial invalidity - particularly important when agreement covers multiple jurisdictions

6. Amendments and Waivers: Procedures for modifying the agreement - include for longer-term or complex relationships

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule 2 - Restricted Territory: Geographic scope of non-compete restrictions with specific details

3. Schedule 3 - Compensation Calculation: Detailed breakdown of compensation structure for non-compete restrictions

4. Schedule 4 - Competitive Business Activities: Specific description of prohibited competitive activities

5. Schedule 5 - Notice Recipients: Contact details for formal notices under the agreement

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