Broker Confidentiality Agreement

Broker Confidentiality Agreement Template for Denmark

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Document background

The Broker Confidentiality Agreement is essential when engaging brokers who require access to sensitive business information to provide their services. This document is specifically tailored to comply with Danish legal requirements, including the Danish Trade Secrets Act, Data Protection Act, and Financial Business Act. It is commonly used in situations where brokers need detailed company information for activities such as business sales, property transactions, financial arrangements, or investment opportunities. The agreement provides robust protection for confidential information while allowing brokers to effectively perform their duties, incorporating specific provisions required under Danish law for trade secret protection and data privacy. It establishes clear guidelines for information handling, security protocols, and consequences of breach, making it suitable for both domestic Danish operations and international business activities governed by Danish law.

Suggested Sections

1. Parties: Identification of the disclosing party, receiving broker, and any relevant affiliated entities

2. Background: Context of the relationship and purpose of the confidentiality agreement

3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other key terms

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

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Survival: Duration of the agreement and provisions that survive termination

10. Breach and Remedies: Consequences of breach and available remedies

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

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with GDPR and Danish Data Protection Act when personal data is involved

2. Insider Trading Prevention: Additional provisions when the broker may receive material non-public information

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

4. Digital Security Requirements: Specific provisions for digital security measures when information is shared electronically

5. Competing Engagements: Provisions regarding the broker's ability to work with competitors

6. Information Barriers: Requirements for establishing information barriers within the broker's organization

7. Press Releases and Publicity: Terms governing public announcements about the relationship

Suggested Schedules

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive confidential information

2. Schedule 2 - Security Protocols: Detailed security requirements and procedures

3. Schedule 3 - Information Classification Guide: Guidelines for classification of different types of confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by representatives

5. Appendix B - Data Processing Requirements: Specific requirements for handling personal data if applicable

6. Appendix C - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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