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Non Disparagement Agreement

Non Disparagement Agreement Template for Denmark

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Non Disparagement Agreement

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Document background
This Non-Disparagement Agreement is designed for use in the Danish legal context where parties wish to establish mutual obligations to refrain from making detrimental statements about each other. It is particularly valuable in situations involving employment terminations, business partnership dissolutions, or settlement agreements. The document addresses the specific requirements of Danish law, including compliance with the Danish Contracts Act (Aftaleloven), Marketing Practices Act, and relevant employment legislation. It balances the constitutional right to freedom of expression with legitimate business interests and personal reputation protection. The agreement is commonly used in professional separations, high-profile business relationships, or situations where protecting reputation and maintaining confidentiality are crucial.
Suggested Sections

1. Parties: Identifies and provides full details of all parties entering into the agreement

2. Background: Explains the context and circumstances leading to the agreement

3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement'

4. Scope of Non-Disparagement: Detailed description of prohibited conduct and communications

5. Mutual Obligations: Outlines the reciprocal commitments of all parties to refrain from disparaging behavior

6. Duration: Specifies how long the non-disparagement obligations remain in effect

7. Exceptions: Lists permitted communications such as truthful testimony in legal proceedings or required regulatory disclosures

8. Breach and Remedies: Describes what constitutes a breach and the consequences, including available legal remedies

9. Confidentiality: Establishes the confidential nature of the agreement itself

10. Governing Law: Specifies Danish law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties

Optional Sections

1. Social Media Provisions: Specific rules regarding social media posts and online communications - include when parties are active on social media

2. Third Party Obligations: Extends obligations to related parties like family members, employees, or affiliated companies - include when there's risk of indirect disparagement

3. Severability: Ensures remaining provisions stay valid if any part is found unenforceable - include in complex agreements

4. Return of Materials: Requirements for returning or destroying materials that could be used for disparagement - include in cases involving sensitive materials

5. Survival: Specifies which obligations continue after agreement termination - include when agreement is tied to another agreement

6. Public Statements: Approved language for any public statements about the relationship - include in high-profile cases

7. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer mediation before litigation

Suggested Schedules

1. Appendix A - Affiliated Parties: List of additional parties covered by the agreement (e.g., subsidiaries, related companies, specific employees)

2. Appendix B - Approved Public Statements: Pre-approved language for any public communications about the relationship or separation

3. Appendix C - Prohibited Topics: Specific list of subjects or matters that are explicitly prohibited from discussion

4. Appendix D - Communication Channels: List of specific platforms or channels where non-disparagement obligations apply

Authors

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Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for ensuring the non-disparagement agreement is legally binding and enforceable.
Danish Marketing Practices Act (Markedsføringsloven): Regulates business conduct and fair competition, including provisions about false or misleading statements about businesses or individuals.
Danish Criminal Code Section 267 (Straffeloven): Addresses defamation and libel, providing legal framework for consequences of making false statements that damage reputation.
Danish Constitution Article 77 (Grundloven): Guarantees freedom of expression, which must be balanced against non-disparagement obligations.
Danish Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Denmark, relevant when personal information is included in the agreement or when tracking potential violations.
Danish Competition Act (Konkurrenceloven): Ensures the agreement doesn't create unfair restrictions on competition or market participation.
Danish Employment Contracts Act (Ansættelsesbevisloven): Relevant when the non-disparagement agreement is part of or related to employment relationships.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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