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Non Disclosure Agreement Data Protection

Non Disclosure Agreement Data Protection Template for Denmark

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Non Disclosure Agreement Data Protection

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Document background
This Non Disclosure Agreement Data Protection template is designed for use in Denmark when parties need to protect both confidential business information and ensure compliance with data protection regulations. It is particularly relevant when one party will be processing personal data on behalf of another, requiring compliance with the GDPR and Danish Data Protection Act. The document should be used in business relationships where confidential information will be shared and personal data will be processed, such as vendor relationships, service provider arrangements, or business partnerships. It includes comprehensive provisions addressing both traditional confidentiality requirements and specific data protection obligations, making it suitable for complex business relationships requiring dual protection of sensitive information.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their roles as data controller/processor if applicable

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or personal data

3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Security Breach

4. Scope and Purpose: Defines the permitted purposes for using confidential information and processing personal data

5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions, security measures, and permitted disclosures

6. Data Protection Obligations: GDPR compliance requirements, including processing limitations, security measures, and data subject rights

7. Security Measures: Technical and organizational measures required for protecting both confidential information and personal data

8. Breach Notification: Procedures for reporting and handling security incidents and data breaches

9. Return or Destruction of Information: Requirements for handling confidential information and personal data upon termination

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

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. International Data Transfers: Required when personal data may be transferred outside the EEA, including transfer mechanisms and safeguards

2. Subprocessing: Include when the receiving party may need to engage subcontractors to process personal data

3. Audit Rights: Detailed audit provisions when regular compliance verification is required

4. Intellectual Property Rights: Include when confidential information includes IP or when new IP might be created

5. Employee and Contractor Obligations: Specific requirements for ensuring compliance by staff and contractors

6. Insurance Requirements: Include when specific insurance coverage is required for data protection

7. Competing Business Restrictions: Include when the confidential information relates to business secrets requiring non-compete provisions

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of personal data types being processed

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect data

3. Schedule 3 - Authorized Recipients: List of approved individuals or entities who may access the confidential information

4. Schedule 4 - Processing Instructions: Detailed instructions regarding the processing of personal data

5. Appendix A - Data Processing Agreement: Detailed GDPR Article 28 compliant data processing terms

6. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting security incidents

Authors

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Relevant legal definitions
Agreement
Confidential Information
Personal Data
Special Categories of Personal Data
Processing
Data Controller
Data Processor
Data Subject
Applicable Data Protection Laws
GDPR
Danish Data Protection Act
Security Breach
Personal Data Breach
Technical and Organizational Measures
Authorized Recipients
Business Purpose
Confidentiality Period
Disclosing Party
Receiving Party
Representatives
Permitted Purpose
Trade Secrets
Supervisory Authority
Third Party
Transfer
Sub-processor
Data Protection Impact Assessment
Records of Processing
Security Measures
Effective Date
Affiliated Companies
Derived Information
Return Period
Destruction
Relevant Industries
Relevant Teams
Relevant Roles
Industries
General Data Protection Regulation (GDPR): EU regulation 2016/679 that sets guidelines for the collection and processing of personal information from individuals within the EU
Danish Data Protection Act (Databeskyttelsesloven): Danish national law that supplements and implements GDPR, providing specific national rules for processing personal data in Denmark
Danish Contracts Act (Aftaleloven): Governs the formation and validity of contracts in Denmark, including confidentiality agreements
Danish Trade Secrets Act (Lov om forretningshemmeligheder): Implements the EU Trade Secrets Directive and provides protection for business secrets and confidential information
Danish Marketing Practices Act (Markedsføringsloven): Contains provisions on business secrets and fair business practices, relevant for confidentiality obligations
Danish Administration of Justice Act (Retsplejeloven): Contains provisions regarding the enforcement of confidentiality agreements and potential remedies for 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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