Non-Disparagement Agreement Template for Denmark

A Non-Disparagement Agreement is a legal contract that stops parties from making negative statements about each other. In Danish business settings, these agreements commonly protect both companies and individuals from harmful comments, reviews, or criticism after a working relationship ends.

Under Danish contract law, these agreements must be fair and reasonable to be enforceable. They typically spell out what counts as disparagement, set clear time limits, and outline consequences for violations. Many Danish employers include them in separation packages or settlement agreements, though they can't restrict legally protected speech like whistleblowing or factual testimony in court proceedings.

Non-Disparagement Agreements become essential when ending business relationships or employment contracts in Denmark. They're particularly valuable during sensitive transitions like executive departures, company acquisitions, or settlement negotiations where protecting reputation matters most.

Danish companies often introduce these agreements during severance discussions, partnership dissolutions, or when concluding contentious business deals. The key timing is before finalizing any separation - once negative statements are made public, the damage is harder to control. Many Danish businesses pair them with confidentiality agreements to create comprehensive protection during critical transitions.

• Basic Mutual Agreement: The most common type in Denmark, where both parties agree not to make negative statements about each other - typically used in employment separations
• One-Way Protection: Often used when one party holds more reputational risk, like in business acquisitions or celebrity endorsements
• Limited Duration Agreement: Sets specific time limits on the non-disparagement obligation, common in temporary business partnerships
• Industry-Specific Version: Tailored to particular sectors like tech or media, with custom definitions of what constitutes disparagement
• Settlement-Linked Agreement: Integrated into broader settlement terms, making compliance a condition of receiving negotiated benefits

• Employers: Often initiate Non-Disparagement Agreements during employee exits, mergers, or leadership changes to protect company reputation
• Senior Executives: Commonly bound by these agreements when departing companies, protecting both personal and corporate interests
• HR Departments: Manage implementation and maintain records of agreements, ensuring compliance with Danish labor laws
• Legal Counsel: Draft and review agreements to ensure enforceability under Danish contract law
• Business Partners: Use these agreements when dissolving partnerships or ending commercial relationships

• Identify Parties: Gather full legal names and contact details of all individuals or entities covered by the agreement
• Define Scope: List specific types of statements or actions that will be considered disparaging under Danish law
• Set Duration: Determine how long the agreement remains in effect, considering Danish contract norms
• Specify Consequences: Outline clear remedies and enforcement mechanisms for breaches
• Use Our Platform: Generate a legally-sound document that automatically includes all required elements under Danish law
• Review Details: Double-check all names, dates, and terms before finalizing the agreement

• Party Details: Full legal names, addresses, and roles of all involved parties under Danish law
• Scope Definition: Clear description of what constitutes disparagement in plain language
• Duration Clause: Specific timeframe for the agreement's effectiveness
• Mutual Obligations: Detailed outline of each party's responsibilities and restrictions
• Exceptions: Legal carve-outs for truthful statements and mandatory disclosures
• Enforcement Terms: Consequences and remedies for breaches under Danish contract law
• Signature Block: Space for dated signatures with witness provisions if needed
• Governing Law: Clear statement of Danish jurisdiction and applicable regulations

A Non-Disparagement Agreement is often confused with a Non-Disclosure Agreement, but they serve distinct purposes in Danish business law. While both protect sensitive information, their scope and focus differ significantly.

• Purpose and Scope: Non-Disparagement Agreements prevent negative statements about reputation, while NDAs protect confidential business information and trade secrets
• Duration of Protection: Non-Disparagement typically extends indefinitely for reputation protection, while NDAs often have specific time limits tied to business needs
• Enforcement Focus: Non-Disparagement targets public statements and reviews, while NDAs control information sharing with third parties
• Legal Requirements: Under Danish law, Non-Disparagement must balance free speech rights, while NDAs focus on protecting legitimate business interests
• Common Usage: Non-Disparagement is typical in employment separations and business divorces, while NDAs are standard in ongoing business relationships and transactions