Denmark
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Non Disclosure Agreement Whistleblower

Non Disclosure Agreement Whistleblower Template for Denmark

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Non Disclosure Agreement Whistleblower

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What is a Non Disclosure Agreement Whistleblower?

The Non Disclosure Agreement Whistleblower is specifically designed for use in Denmark where organizations need to protect confidential information while ensuring compliance with the Danish Whistleblower Protection Act and EU Directive 2019/1937. This document is essential when organizations engage with potential whistleblowers, whether employees or external parties, and need to establish clear parameters around confidentiality obligations while preserving statutory whistleblower rights. It incorporates necessary provisions from Danish data protection laws, employment regulations, and contract law, making it suitable for both internal and external whistleblowing scenarios. The agreement is particularly relevant in light of increased focus on corporate transparency and whistleblower protection in Denmark and the broader EU context.

What sections should be included in a Non Disclosure Agreement Whistleblower?

1. Parties: Identification of the contracting parties - the organization and the potential whistleblower

2. Background: Context of the agreement and acknowledgment of whistleblower status/potential

3. Definitions: Key terms including 'Confidential Information', 'Protected Disclosure', 'Whistleblowing', 'Legitimate Recipients'

4. Scope of Agreement: Clear delineation of what information is covered by confidentiality obligations

5. Whistleblower Rights and Protections: Explicit statement of rights under Danish Whistleblower Protection Act and permitted disclosures

6. Confidentiality Obligations: Specific duties regarding confidential information, excluding protected disclosures

7. Data Protection Compliance: GDPR compliance provisions and data handling requirements

8. Duration and Survival: Term of the agreement and which provisions survive termination

9. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

10. Entire Agreement: Integration clause and relationship to other agreements

What sections are optional to include in a Non Disclosure Agreement Whistleblower?

1. Employment Relationship: Include when the whistleblower is an employee, addressing interaction with employment contract

2. International Reporting: Include when cross-border whistleblowing is possible, addressing international reporting channels

3. Trade Secrets Protection: Include when specific trade secrets or intellectual property need additional protection

4. Internal Reporting Procedures: Include when organization has specific internal whistleblowing channels

5. Third Party Rights: Include when confidential information includes third party data or when third parties might be affected

6. Return of Materials: Include when physical or electronic materials are provided to the whistleblower

What schedules should be included in a Non Disclosure Agreement Whistleblower?

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Approved Reporting Channels: List of authorized internal and external reporting channels

3. Schedule 3 - Data Processing Requirements: Specific GDPR compliance procedures and requirements

4. Appendix A - Internal Whistleblowing Policy: Organization's whistleblowing procedures and policies

5. Appendix B - Contact Information: List of relevant contact persons for whistleblowing matters

Authors

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Relevant legal definitions
Confidential Information
Whistleblowing
Protected Disclosure
Legitimate Recipients
Reporting Channels
Breaches of Union Law
Competent Authorities
Internal Reporting System
External Reporting System
Retaliation
Trade Secrets
Personal Data
Data Processing
Authorized Personnel
Disclosing Party
Receiving Party
Affiliate
Representatives
Permitted Purpose
Good Faith Report
Material Breach
Regulatory Bodies
Whistleblower Protection
Public Interest Disclosure
Reasonable Grounds
Investigation Process
Related Persons
Working Relationship
Compliance Framework
Reportable Conduct
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Whistleblower Protection Act (Lov om beskyttelse af whistleblowere): Implements EU Directive 2019/1937 on whistleblower protection. Sets out protected disclosures and prohibits retaliation against whistleblowers. Any NDA must not conflict with these protections.
Danish Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Danish law. Relevant for handling personal data in whistleblowing cases and confidentiality provisions.
Danish Contracts Act (Aftaleloven): Governs formation and validity of contracts in Denmark. Ensures the NDA meets basic requirements for enforceability.
Danish Administration of Justice Act (Retsplejeloven): Relevant for procedural aspects and potential court proceedings related to breaches of the NDA or whistleblower protections.
Danish Marketing Practices Act (Markedsføringsloven): Relevant for provisions relating to trade secrets and confidential business information protection.
Employment Contracts Act (Ansættelsesbevisloven): If the whistleblower is an employee, this law is relevant for employment-related aspects of 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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