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Basic Confidentiality Agreement

Basic Confidentiality Agreement Template for Denmark

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Key Requirements PROMPT example:

Basic Confidentiality Agreement

I need a Basic Confidentiality Agreement in Danish law for my tech startup to protect our AI algorithm development when discussing with potential investors, with specific provisions for technical data protection and a term until March 2025.

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Document background
This Basic Confidentiality Agreement is essential for businesses and individuals operating under Danish jurisdiction who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is specifically structured to comply with Danish legal requirements, including the Danish Trade Secrets Act and relevant EU regulations. It should be used whenever parties need to exchange confidential information in the course of business relationships, whether for potential partnerships, service provisions, or investment discussions. The agreement includes comprehensive definitions of confidential information, clear obligations for information handling, and specific provisions for enforcement under Danish law. This template is particularly valuable for initial business discussions where a straightforward but legally robust confidentiality framework is needed.
Suggested Sections

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

2. Background: Brief context of why the agreement is being entered into and the relationship between the parties

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

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 when required by law

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

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

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Export Controls: Needed when confidential information may be subject to export control regulations

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

4. Publicity: Restrictions on public announcements or references to the relationship between parties

5. Residual Knowledge: Addressing the use of retained knowledge that cannot be reasonably purged from memory

6. Competition Restrictions: Required when parties are competitors or when specific competitive activities need to be restricted

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Retail

Education

Telecommunications

Media & Entertainment

Construction

Legal Services

Relevant Teams

Legal

Business Development

Executive Leadership

Research & Development

Human Resources

Procurement

Operations

Finance

Sales

Information Technology

Product Development

Compliance

Strategy

Innovation

Relevant Roles

Chief Executive Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Human Resources Director

Procurement Manager

Investment Manager

Operations Manager

Chief Financial Officer

Sales Director

Product Manager

Contract Manager

Innovation Manager

Industries
Danish Contracts Act (Aftaleloven): Governs contract formation, validity, and general contractual principles in Denmark. Essential for ensuring the NDA is legally binding and enforceable.
Danish Trade Secrets Act (Lov om forretningshemmeligheder): Implements the EU Trade Secrets Directive and provides specific protection for trade secrets and confidential business information.
GDPR (General Data Protection Regulation): EU regulation that applies in Denmark, relevant if the confidential information includes personal data. Sets requirements for data processing and transfer.
Danish Marketing Practices Act (Markedsføringsloven): Contains provisions on unfair competition and protection of trade secrets, complementing the Trade Secrets Act.
Danish Administration of Justice Act (Retsplejeloven): Relevant for enforcement and procedural aspects, including potential court proceedings and injunctive relief in case of breach.
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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