Confidentiality Agreement Between Two Companies

Confidentiality Agreement Between Two Companies Template for Denmark

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Document background

This Confidentiality Agreement Between Two Companies is essential for businesses operating under Danish law that need to protect sensitive information during commercial discussions, potential partnerships, or other business relationships. The document ensures compliance with Danish legal requirements, including the Trade Secrets Act and Data Protection Act, while providing robust protection for confidential information exchange. It's particularly relevant for situations involving business negotiations, due diligence processes, joint ventures, or any scenario where proprietary information needs to be shared between corporate entities. The agreement includes specific provisions for handling confidential information, security requirements, and enforcement mechanisms suitable for the Danish legal framework.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties with full legal names and registration details

2. Background: Context of the agreement and purpose of sharing confidential information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

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

5. Permitted Use and Disclosure: Specified permitted uses of confidential information and authorized recipients

6. Information Security Measures: Required security measures for protecting confidential information

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

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

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Data Protection Compliance: Required when confidential information includes personal data subject to GDPR

2. Intellectual Property Rights: Needed when confidential information includes IP-protected materials

3. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees

4. Export Control: Required when information exchange may be subject to export control regulations

5. Force Majeure: Optional clause addressing circumstances preventing compliance with obligations

6. Insurance Requirements: Optional section specifying required insurance coverage for handling confidential information

Suggested Schedules

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

2. Schedule 2 - Categories of Confidential Information: Detailed description of types of confidential information covered

3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required

4. Schedule 4 - Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information

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