Non Disclosure And Restricted Use Agreement Template for Denmark

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Non Disclosure And Restricted Use Agreement

Document background

The Non-Disclosure and Restricted Use Agreement is essential for businesses and individuals operating under Danish jurisdiction who need to share sensitive information while maintaining strict control over its use. This document is particularly relevant in today's digital business environment where data protection is paramount. It combines traditional confidentiality provisions with specific usage restrictions, making it more comprehensive than a standard NDA. The agreement ensures compliance with Danish legal requirements, including the Trade Secrets Act and GDPR, while providing clear guidelines for information handling, security measures, and consequences of breach. It's commonly used in business negotiations, strategic partnerships, employee relationships, and any situation where proprietary or confidential information needs to be shared with specific usage limitations.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the general nature of the business relationship

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

5. Permitted Use: Specific permitted uses of the confidential information and explicit restrictions on use

6. Confidentiality Obligations: Core obligations regarding protecting and maintaining confidentiality of the information

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction: Obligations regarding return or destruction of confidential information upon request or termination

9. Term and Termination: Duration of the agreement and termination provisions

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

11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Permitted Disclosures: Special circumstances where disclosure is permitted, used when there are specific third parties who need access

2. Data Protection: Specific provisions for handling personal data, required when confidential information includes personal data

3. Intellectual Property Rights: Provisions clarifying IP ownership and licenses, needed when confidential information includes IP

4. Non-Solicitation: Restrictions on soliciting employees or customers, included when there's risk of talent or customer poaching

5. Export Control: Provisions for international data transfer restrictions, needed for cross-border information sharing

6. Audit Rights: Rights to audit compliance with the agreement, included for high-sensitivity information

7. Insurance Requirements: Specific insurance requirements, included for high-value or high-risk information

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 the confidential information

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

4. Appendix A - Permitted Purpose Details: Detailed description of the specific permitted uses of the confidential information

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