Reciprocal Confidentiality Agreement Template for Denmark

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Reciprocal Confidentiality Agreement

Document background

This Reciprocal Confidentiality Agreement is designed for situations where two or more parties need to exchange confidential information while ensuring mutual protection under Danish law. It is commonly used in business negotiations, joint ventures, potential partnerships, or collaborative projects where parties need to share sensitive information such as trade secrets, business strategies, technical data, or customer information. The agreement complies with Danish legal requirements, including the Danish Trade Secrets Act and relevant EU regulations, particularly GDPR when personal data is involved. It provides a legal framework for protecting both parties' interests while facilitating necessary information exchange for business purposes.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, company registration numbers, and addresses

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

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

4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

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

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

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

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

10. General Provisions: Standard provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Personal Data Protection: Required when confidential information includes personal data covered by GDPR

2. Intellectual Property Rights: Include when confidential information contains patents, trademarks, or other IP

3. Non-Solicitation: Optional clause preventing parties from soliciting each other's employees

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

5. Force Majeure: Optional clause addressing circumstances beyond parties' control

6. Non-Competition: Optional restrictions on competitive activities during the confidentiality period

7. Reverse Engineering: Include when dealing with technical information or trade secrets that could be reverse engineered

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific security measures and protocols required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

4. Appendix A - Types of Confidential Information: Detailed categorization of information considered confidential under the agreement

5. Appendix B - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information

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