Legal Templates
Non Disparage Agreement

Non Disparage Agreement Template for Denmark

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Key Requirements PROMPT example:

Non Disparage Agreement

I need a Non Disparage Agreement for a senior executive's departure effective March 1, 2025, with specific provisions for social media conduct and public statements about our technology company, ensuring mutual obligations between both parties.

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What is a Non Disparage Agreement?

The Non-Disparagement Agreement is commonly used in Danish business contexts to protect organizational and individual reputations during or after professional relationships. It becomes particularly relevant in employment separations, business partnership dissolutions, or settlement agreements. The document outlines specific prohibited behaviors, communication restrictions, and consequences for violations while ensuring compliance with Danish legal requirements, including constitutional protections for free speech and EU regulations. It's essential to note that while these agreements are generally enforceable under Danish law, they must be carefully drafted to balance legitimate business interests with individual rights and public policy considerations. The agreement typically includes provisions for both mutual and unilateral non-disparagement obligations, depending on the specific circumstances and relationship between the parties.

What sections should be included in a Non Disparage Agreement?

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Explains the context and purpose of the agreement, including any relevant business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'disparagement' and 'confidential information'

4. Scope of Non-Disparagement: Details the specific types of statements and actions that are prohibited, including both direct and indirect disparagement

5. Mutual Obligations: Outlines the reciprocal duties of all parties to refrain from disparaging behavior

6. Duration: Specifies how long the non-disparagement obligations remain in effect

7. Exceptions: Lists permitted disclosures, such as those required by law or court order

8. Remedies: Describes the consequences of breaching the agreement, including potential damages and enforcement mechanisms

9. Governing Law and Jurisdiction: Specifies Danish law as governing law and designates jurisdiction for dispute resolution

10. Entire Agreement: Confirms that this document represents the complete agreement between parties and supersedes prior discussions

What sections are optional to include in a Non Disparage Agreement?

1. Social Media Policy: Specific provisions regarding social media posts and online behavior - include when parties have significant online presence

2. Third Party Coverage: Extends obligations to related parties like family members or affiliated companies - use when broader protection is needed

3. Severability: Ensures remaining provisions stay valid if parts are found unenforceable - recommended for complex agreements

4. Survival: Specifies which obligations continue after agreement termination - important for long-term business relationships

5. Public Statements: Guidelines for making public announcements - relevant for high-profile individuals or companies

6. Employee Communication: Guidelines for internal communication - important when agreement involves corporate entities

7. Mediation Clause: Requires attempt at mediation before litigation - useful for maintaining business relationships

What schedules should be included in a Non Disparage Agreement?

1. Approved Public Statements: Pre-approved language for public communications about the relationship between parties

2. Excluded Matters: List of specific topics or matters excluded from the non-disparagement obligations

3. Communication Guidelines: Detailed protocols for handling external communications and media inquiries

4. Related Entities: List of affiliated companies, individuals, or entities covered by the agreement

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

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Media and Entertainment

Education

Pharmaceuticals

Consulting

Real Estate

Telecommunications

Energy

Hospitality

Legal Services

Relevant Teams

Human Resources

Legal

Executive Leadership

Corporate Communications

Public Relations

Marketing

Operations

Sales

Customer Service

Business Development

Board of Directors

Administrative

Compliance

Corporate Affairs

Employee Relations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Manager

Senior Executive

Board Director

Chief Financial Officer

Marketing Director

Operations Manager

Project Manager

Communications Director

Sales Director

Customer Service Manager

Business Development Manager

Regional Manager

Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Ensures the agreement meets basic requirements for binding contracts.
Danish Constitution (Grundloven) - Article 77: Guarantees freedom of expression. Non-disparagement agreements must be balanced against constitutional rights of free speech.
EU General Data Protection Regulation (GDPR): Regulates personal data processing. Relevant if the agreement includes provisions about handling personal information or confidential data.
Danish Marketing Practices Act (Markedsføringsloven): Governs business conduct and fair competition. Ensures non-disparagement provisions don't unfairly restrict market competition.
Danish Employment Contracts Act (Ansættelsesbevisloven): If the agreement is employment-related, this law sets requirements for employment terms and conditions.
EU Charter of Fundamental Rights: Protects fundamental rights including freedom of expression within EU context. Must be considered for compliance with EU standards.
Danish Administration of Justice Act (Retsplejeloven): Relevant for enforcement mechanisms and dispute resolution procedures within the agreement.
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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