International Confidentiality Agreement Template for Denmark

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International Confidentiality Agreement

Document background

This International Confidentiality Agreement template is designed for situations where parties need to exchange confidential information across international borders while ensuring compliance with Danish law. It is particularly relevant for business negotiations, due diligence processes, joint ventures, or any collaborative projects where sensitive information needs to be shared. The agreement incorporates Danish legal requirements, including provisions from the Danish Trade Secrets Act and Data Protection Act, while also addressing international considerations such as cross-border data transfers and foreign enforcement mechanisms. This template is suitable for both one-way and mutual confidentiality obligations and can be customized based on the specific nature of the confidential information and the business relationship between the parties.

Suggested Sections

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

2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties

3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other relevant terms

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

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 employees, advisors, or as 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 termination or request

9. Term and Termination: Duration of the agreement and termination provisions

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

11. General Provisions: Standard provisions including severability, amendments, and entire agreement

Optional Sections

1. Data Protection: Specific provisions for GDPR compliance when personal data is involved in the confidential information

2. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights when confidential information includes IP

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Export Control: Provisions for compliance with export control laws when dealing with international transfers of technical data

5. Competitive Activity: Restrictions on competitive activities, if relevant to the business relationship

6. Force Majeure: Provisions for handling extraordinary circumstances affecting confidentiality obligations

7. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may receive or handle confidential information

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

4. Schedule 4 - Data Processing Terms: Detailed GDPR-compliant data processing terms if personal data is involved

5. Schedule 5 - Approved Subcontractors: List of approved subcontractors or third parties who may receive confidential information

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