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Non Solicitation Agreement

Non Solicitation Agreement Template for Denmark

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Non Solicitation Agreement

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Document background
The Non-Solicitation Agreement is a crucial business document used in Denmark to protect companies from the loss of valuable employees, customers, and business relationships. This agreement is particularly relevant in scenarios involving employee departures, business sales, partnerships, or service provider relationships. Under Danish law, such agreements must be carefully drafted to ensure enforceability, including specific requirements for compensation and reasonable limitations on duration and scope. The document typically addresses various forms of solicitation, including direct and indirect approaches to employees or customers, while remaining compliant with Danish employment law, competition regulations, and the Danish Act on Non-Competition Clauses. It's essential to balance the legitimate business interests of the protecting party with the rights of the restricted party to pursue their professional activities.
Suggested Sections

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

2. Background: Context of the agreement, including the business relationship between the parties and reason for the non-solicitation provisions

3. Definitions: Key terms used in the agreement, including 'Restricted Business', 'Customers', 'Employees', and 'Solicitation'

4. Scope of Non-Solicitation: Detailed description of prohibited solicitation activities, including customer, employee, and supplier non-solicitation obligations

5. Duration: Time period for which the non-solicitation obligations remain in effect, ensuring compliance with Danish law limitations

6. Geographic Area: Geographical scope of the restrictions

7. Consideration: Compensation or consideration provided in exchange for the non-solicitation obligations, as required under Danish law

8. Exceptions: Permitted activities that do not constitute violation of the agreement

9. Confidentiality: Obligations regarding the confidential information that may be involved in the restricted activities

10. Remedies: Consequences of breach and available remedies, including any liquidated damages

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

12. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

Optional Sections

1. Garden Leave: Provisions for paid leave during notice period, used when agreement is part of employment termination

2. Post-Employment Obligations: Additional obligations following employment termination, included when agreement is part of employment contract

3. Customer Notice: Procedures for handling customer communications during transition, used in customer-facing role situations

4. Training and Trade Secrets: Additional provisions protecting specialized training or trade secrets, included when significant proprietary knowledge is involved

5. Group Company Provisions: Extended provisions covering affiliated companies, used when multiple related entities need protection

6. Monitoring and Compliance: Specific procedures for monitoring compliance, included in high-risk situations

Suggested Schedules

1. Schedule 1 - Restricted Customers: List of specific customers covered by the non-solicitation provisions

2. Schedule 2 - Restricted Employees: Categories or list of employees covered by non-solicitation provisions

3. Schedule 3 - Compensation Schedule: Details of any compensation provided in connection with the restrictions

4. Schedule 4 - Restricted Business Activities: Detailed description of specific business activities covered by the agreement

5. Appendix A - Acknowledgment Form: Form for acknowledging receipt and understanding of the agreement

6. Appendix B - Exit Interview Procedures: Procedures for conducting exit interviews and reviewing obligations

Authors

Linkedin in social icon imageX social icon image
Relevant legal definitions
Affiliate
Business Day
Confidential Information
Customer
Effective Date
Group Company
Key Employee
Non-Solicitation Period
Prohibited Activities
Protected Business
Protected Customer
Protected Employee
Protected Supplier
Restricted Business
Restricted Period
Restricted Territory
Services
Solicitation
Supplier
Territory
Trade Secrets
Termination Date
Business Relationship
Material Contact
Competitive Business
Direct Solicitation
Indirect Solicitation
Professional Services
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Particularly relevant are sections 36 and 38 regarding unreasonable contract terms and modification of contracts.
Danish Employment Contracts Act (Ansættelsesbevisloven): Regulates employment relationships and contractual obligations between employers and employees, including requirements for written agreements.
Danish Act on Non-Competition Clauses (Lov om ansættelsesklausuler): Specific legislation governing non-competition and non-solicitation agreements, including maximum duration, compensation requirements, and enforceability conditions.
Danish Marketing Practices Act (Markedsføringsloven): Regulates business practices including protection of trade secrets and customer relationships, which is relevant for non-solicitation provisions.
General Data Protection Regulation (GDPR): EU regulation implemented in Denmark governing the processing of personal data, relevant when defining scope of customer and employee information covered by the agreement.
Danish Competition Act (Konkurrenceloven): Ensures that non-solicitation provisions do not unfairly restrict competition in the market.
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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