Supplier Confidentiality Agreement

Supplier Confidentiality Agreement Template for Denmark

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Document background

The Supplier Confidentiality Agreement is essential for businesses operating under Danish jurisdiction that need to share sensitive information with their suppliers while maintaining control over its use and disclosure. This document is typically used before engaging in detailed business discussions or commencing a supplier relationship where confidential information needs to be exchanged. It ensures compliance with Danish trade secrets legislation, the Danish Contracts Act, and relevant EU regulations, particularly when dealing with personal data under GDPR. The agreement is designed to protect various types of confidential information including technical specifications, business strategies, customer data, pricing information, and intellectual property. It sets out clear obligations for suppliers regarding information handling, permitted uses, security measures, and return or destruction of confidential materials.

Suggested Sections

1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier), including full legal names and registered addresses

2. Background: Context of the relationship between the parties and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when 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. Duration and Termination: Term of the agreement and survival of obligations

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

11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Solicitation: Prevents supplier from soliciting employees or customers, included when there's significant interaction with key personnel or customers

2. Data Protection Compliance: Specific obligations regarding personal data handling, required when confidential information includes personal data

3. Intellectual Property Rights: Clarification of IP ownership and rights, included when confidential information includes IP-sensitive material

4. Export Control: Compliance with export control regulations, needed when dealing with international suppliers or controlled technologies

5. Insurance Requirements: Specific insurance requirements for the supplier, included for high-risk or high-value relationships

6. Audit Rights: Right to audit supplier's compliance with confidentiality obligations, useful for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific categories or items of confidential information covered

2. Schedule 2 - Security Protocols: Detailed security measures and protocols required for handling confidential information

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

4. Appendix A - Data Processing Requirements: Specific requirements for processing personal data, if applicable under GDPR

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