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Relationship Non Disclosure Agreement

Relationship Non Disclosure Agreement Template for Denmark

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Relationship Non Disclosure Agreement

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Document background
The Relationship Non Disclosure Agreement is essential for businesses operating under Danish jurisdiction who need to protect confidential information while engaging in various business relationships. This document is specifically designed to comply with Danish legal requirements, including the Danish Trade Secrets Act and relevant EU regulations such as GDPR. It's particularly valuable when entering into discussions about potential business cooperation, joint ventures, service provision, or any situation where proprietary information needs to be shared. The agreement can be adapted for both unilateral and mutual confidentiality obligations, providing comprehensive protection while facilitating necessary business communications. It includes specific provisions for handling confidential information, defining permitted uses, establishing security requirements, and outlining enforcement mechanisms, all within the framework of Danish law.
Suggested Sections

1. Parties: Identification of the parties entering into the NDA, including full legal names and registered addresses

2. Background: Context of the relationship and purpose of entering into the NDA

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

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

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

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

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. Data Protection Compliance: Specific section addressing GDPR compliance when personal data is involved in the confidential information

2. Mutual Obligations: Additional section when both parties are exchanging confidential information (for mutual NDAs)

3. Intellectual Property Rights: Section clarifying ownership and IP rights when technical or proprietary information is involved

4. Non-Competition: Optional restrictions on competitive activities, if relevant to the relationship

5. Assignment and Succession: Specific provisions for transfer of rights, particularly relevant for corporate relationships

6. Representatives' Obligations: Detailed section on obligations of representatives when they will have significant access to confidential information

7. Specific Industry Requirements: Additional provisions for regulated industries or specific sector requirements

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures 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: Specific categories or examples of confidential information covered by the agreement

5. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved

Authors

Linkedin in social icon imageX social icon image
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Affiliate
Trade Secret
Confidentiality Obligation
Personal Data
Agreement
Business Day
Effective Date
Term
Proprietary Information
Authorized Personnel
Security Requirements
Permitted Disclosures
Third Party
Group Company
Force Majeure
Material Breach
Intellectual Property Rights
Technical Information
Business Information
Competitive Information
Data Protection Laws
GDPR
Processing
Controlled Access
Derived Information
Residual Information
Confidentiality Period
Disclosing Group
Receiving Group
Working Hours
Permitted Recipients
Project
Related Party
Security Breach
Services
Transmission Methods
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Trade Secrets Act (Lov om forretningshemmeligheder): Implements EU Trade Secrets Directive 2016/943, defining trade secrets and providing framework for their protection
Danish Data Protection Act (Databeskyttelsesloven): National implementation of GDPR, governing personal data processing and protection requirements
Danish Contracts Act (Aftaleloven): Governs formation and validity of contracts, including requirements for binding agreements and principles of reasonableness
Danish Marketing Practices Act (Markedsføringsloven): Contains provisions on trade secrets and unfair competition, relevant for confidentiality obligations
Danish Competition Act (Konkurrenceloven): Relevant for ensuring confidentiality provisions don't constitute unreasonable restraints on competition
Danish Administration of Justice Act (Retsplejeloven): Contains provisions on enforcement of confidentiality obligations and procedural aspects of trade secret protection
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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