Non Disclosure Agreement Proprietary Information Template for Denmark

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Non Disclosure Agreement Proprietary Information

Document background

This Non-Disclosure Agreement Proprietary Information template is specifically designed for use under Danish jurisdiction when parties need to share sensitive business or technical information. It is particularly relevant for business negotiations, potential partnerships, employee-employer relationships, and contractor engagements where proprietary information needs protection. The document incorporates requirements from Danish legislation, including the Trade Secrets Act and relevant EU regulations, making it suitable for both domestic and international business relationships involving Danish entities. It provides comprehensive protection for confidential information while maintaining compliance with Danish legal requirements regarding contract formation and enforcement. The agreement is structured to be adaptable for various business contexts while maintaining its enforceability under Danish law.

Suggested Sections

1. Parties: Identification and details of the disclosing and receiving parties

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Permitted Purpose'

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

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information

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

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors

8. Term and Survival: Duration of the agreement and surviving obligations after termination

9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

10. Breach and Remedies: Consequences of breach and available remedies under Danish law

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Used when confidential information includes or relates to intellectual property

3. Non-Solicitation: Optional clause preventing solicitation of employees or customers, if relevant to the business relationship

4. Export Control: Required when confidential information may be subject to export control regulations

5. Assignment and Succession: Used when there's a need to address transfer of rights or corporate restructuring

6. Specific Industry Requirements: Added for regulated industries with specific confidentiality requirements

7. Competitive Restrictions: Optional restrictions on competitive activities, subject to Danish competition law

8. Notification Requirements: Added when specific notification procedures for breaches or disclosures are needed

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

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