The Confidentiality Deed is essential for business relationships where sensitive information needs to be shared under Danish law. It is commonly used before commercial negotiations, during due diligence processes, or in ongoing business relationships where confidential information exchange is necessary. The deed provides stronger protection than standard NDAs due to its formal nature and comprehensive coverage of confidentiality obligations. It incorporates requirements from Danish contract law, the Danish Trade Secrets Act, and relevant EU regulations, making it particularly suitable for high-value transactions or situations involving critical business information. The document is designed to be enforceable under Danish jurisdiction and provides clear remedies in case of breach.
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Key Requirements PROMPT example:
Confidentiality Deed
I need a Confidentiality Deed under Danish law for a potential merger discussion between our technology company and a competitor, with specific provisions for protecting source code and customer data, to be effective from March 1, 2025.
1. Parties: Identification of the disclosing party and receiving party, including full legal names, registration numbers, and addresses
2. Background: Context of the confidentiality arrangement, including the purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the deed
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the deed and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to GDPR
2. Intellectual Property Rights: Specific provisions regarding IP rights when confidential information includes patentable or copyrightable material
3. Non-Competition: Additional restrictions on competitive activities, if relevant to the business relationship
4. Representatives' Undertaking: Requirements for representatives to sign separate confidentiality undertakings
5. Export Control: Provisions regarding export control laws when dealing with international transfers of technology
6. Insurance: Requirements for insurance coverage related to confidential information handling
7. Force Majeure: Provisions for handling confidential information during force majeure events
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered by the deed
2. Schedule 2 - Security Protocols: 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. Schedule 4 - Destruction Certificate: Template certificate confirming destruction of confidential information
5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal data under GDPR, if applicable
Authors
Relevant legal definitions
Affiliate
Authorized Purpose
Authorized Representative
Business Day
Business Hours
Confidential Information
Control
Data Protection Laws
Disclosing Party
Effective Date
Force Majeure Event
Group
Intellectual Property Rights
Material Breach
Notice
Permitted Disclosees
Personal Data
Receiving Party
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secret
Working Hours
Authorized Purpose
Authorized Representative
Business Day
Business Hours
Confidential Information
Control
Data Protection Laws
Disclosing Party
Effective Date
Force Majeure Event
Group
Intellectual Property Rights
Material Breach
Notice
Permitted Disclosees
Personal Data
Receiving Party
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secret
Working Hours
Clauses
Confidentiality
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Intellectual Property
Breach Notification
Remedies
Term and Termination
Survival
Assignment
Third Party Rights
Force Majeure
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Costs
Counterparts
Non-Disclosure
Data Protection
Information Security
Permitted Use
Return of Information
Intellectual Property
Breach Notification
Remedies
Term and Termination
Survival
Assignment
Third Party Rights
Force Majeure
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Costs
Counterparts
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Professional Services
Research & Development
Biotechnology
Energy
Telecommunications
Real Estate
Education
Retail
Media & Entertainment
Industrial
Pharmaceuticals
Relevant Teams
Legal
Executive Leadership
Human Resources
Research & Development
Business Development
Mergers & Acquisitions
Information Technology
Finance
Operations
Procurement
Innovation
Corporate Development
Commercial
Information Security
Risk & Compliance
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Research Director
Project Manager
Human Resources Director
Chief Technology Officer
Investment Manager
Procurement Manager
Corporate Development Director
Merger & Acquisition Specialist
Innovation Manager
Chief Financial Officer
Operations Director
Commercial Manager
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