Non Disclosure Agreement Whistleblower Template for Denmark

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Non Disclosure Agreement Whistleblower

Document background

The Non Disclosure Agreement Whistleblower is specifically designed for use in Denmark where organizations need to protect confidential information while ensuring compliance with the Danish Whistleblower Protection Act and EU Directive 2019/1937. This document is essential when organizations engage with potential whistleblowers, whether employees or external parties, and need to establish clear parameters around confidentiality obligations while preserving statutory whistleblower rights. It incorporates necessary provisions from Danish data protection laws, employment regulations, and contract law, making it suitable for both internal and external whistleblowing scenarios. The agreement is particularly relevant in light of increased focus on corporate transparency and whistleblower protection in Denmark and the broader EU context.

Suggested Sections

1. Parties: Identification of the contracting parties - the organization and the potential whistleblower

2. Background: Context of the agreement and acknowledgment of whistleblower status/potential

3. Definitions: Key terms including 'Confidential Information', 'Protected Disclosure', 'Whistleblowing', 'Legitimate Recipients'

4. Scope of Agreement: Clear delineation of what information is covered by confidentiality obligations

5. Whistleblower Rights and Protections: Explicit statement of rights under Danish Whistleblower Protection Act and permitted disclosures

6. Confidentiality Obligations: Specific duties regarding confidential information, excluding protected disclosures

7. Data Protection Compliance: GDPR compliance provisions and data handling requirements

8. Duration and Survival: Term of the agreement and which provisions survive termination

9. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

10. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Employment Relationship: Include when the whistleblower is an employee, addressing interaction with employment contract

2. International Reporting: Include when cross-border whistleblowing is possible, addressing international reporting channels

3. Trade Secrets Protection: Include when specific trade secrets or intellectual property need additional protection

4. Internal Reporting Procedures: Include when organization has specific internal whistleblowing channels

5. Third Party Rights: Include when confidential information includes third party data or when third parties might be affected

6. Return of Materials: Include when physical or electronic materials are provided to the whistleblower

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Approved Reporting Channels: List of authorized internal and external reporting channels

3. Schedule 3 - Data Processing Requirements: Specific GDPR compliance procedures and requirements

4. Appendix A - Internal Whistleblowing Policy: Organization's whistleblowing procedures and policies

5. Appendix B - Contact Information: List of relevant contact persons for whistleblowing matters

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