The Business Disclosure Agreement is a critical legal instrument used in Danish business transactions where parties need to share confidential or sensitive information while ensuring its protection. This document is essential when entering into business negotiations, partnerships, or collaborative ventures where proprietary information, trade secrets, or sensitive business data needs to be disclosed. The agreement, governed by Danish law, incorporates requirements from the Danish Trade Secrets Act, Danish Contracts Act, and where applicable, data protection regulations. It's particularly important in preliminary business discussions, due diligence processes, and ongoing business relationships where regular exchange of confidential information occurs.
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Key Requirements PROMPT example:
Business Disclosure Agreement
I need a Business Disclosure Agreement under Danish law for a technology startup sharing software development plans with a potential investor, with special emphasis on protecting our AI algorithms and including provisions for remote data access.
1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the disclosure relationship and purpose of sharing confidential information
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. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Needed when confidential information includes IP-protected materials
3. Non-Solicitation: Optional clause preventing poaching of employees or clients
4. Export Control: Required when information may be subject to international transfer restrictions
5. Assignment and Succession: Important for larger organizations or when corporate restructuring is anticipated
6. Representatives' Obligations: Detailed section on representatives' duties when extensive third-party access is expected
7. Marking Requirements: Specific requirements for marking or identifying confidential information when formal procedures are needed
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Procedures: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Information Handling Procedures: Procedures for marking, storing, and transmitting confidential information
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
Authors
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Group
Confidential Materials
Trade Secret
Intellectual Property Rights
Personal Data
Agreement
Business Day
Disclosed Information
Permitted Disclosees
Control
Data Protection Legislation
Effective Date
Information
Security Requirements
Third Party
Working Hours
Authorised Person
Confidential Products
Competition Law
Disclosed Personal Data
Professional Advisers
Related Person
Termination Date
Business Relationship
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Affiliate
Group
Confidential Materials
Trade Secret
Intellectual Property Rights
Personal Data
Agreement
Business Day
Disclosed Information
Permitted Disclosees
Control
Data Protection Legislation
Effective Date
Information
Security Requirements
Third Party
Working Hours
Authorised Person
Confidential Products
Competition Law
Disclosed Personal Data
Professional Advisers
Related Person
Termination Date
Business Relationship
Clauses
Confidentiality Obligations
Purpose Limitation
Information Protection
Return of Information
Non-Disclosure
Permitted Disclosures
Data Protection
Term and Termination
Survival
Security Measures
Breach Notification
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Notices
Entire Agreement
Severability
Third Party Rights
Non-Solicitation
Intellectual Property
Amendment
Force Majeure
Counterparts
Costs
Waiver
Representative Obligations
Export Control
Competition Law Compliance
Purpose Limitation
Information Protection
Return of Information
Non-Disclosure
Permitted Disclosures
Data Protection
Term and Termination
Survival
Security Measures
Breach Notification
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Notices
Entire Agreement
Severability
Third Party Rights
Non-Solicitation
Intellectual Property
Amendment
Force Majeure
Counterparts
Costs
Waiver
Representative Obligations
Export Control
Competition Law Compliance
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Biotechnology
Research and Development
Retail
Energy
Telecommunications
Real Estate
Construction
Automotive
Education
Media and Entertainment
Relevant Teams
Legal
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Human Resources
Operations
Procurement
Compliance
Risk Management
Strategic Planning
Innovation
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Chief Financial Officer
Investment Manager
Operations Director
Procurement Manager
Human Resources Director
Strategic Partnership Manager
Innovation Manager
Compliance Officer
Risk Manager
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