Cross Border NDA

Cross Border NDA Template for Denmark

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Document background

This Cross Border NDA template is specifically designed for situations where parties from different jurisdictions need to exchange confidential information while maintaining protection under Danish law. It is particularly useful for Danish companies engaging in international business relationships, joint ventures, potential partnerships, or commercial negotiations with foreign entities. The document ensures compliance with both Danish and EU regulations, including the Danish Trade Secrets Act and GDPR, while providing practical mechanisms for cross-border information sharing. Key aspects covered include clear definitions of confidential information, robust protection measures, international data transfer provisions, and enforcement mechanisms that work across borders. This template is essential for establishing secure information exchange channels while maintaining legal certainty under Danish jurisdiction.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company details

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

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Affiliates', and 'Representatives'

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

5. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives, affiliates, or as required by law

6. Data Protection and Transfer: Provisions addressing cross-border data transfers and compliance with relevant data protection laws

7. Security Measures: Required standards for protecting confidential information, including technical and organizational measures

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

9. Duration and Termination: Term of the agreement and survival of obligations

10. Governing Law and Jurisdiction: Specification of Danish law governance and jurisdiction for disputes

11. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Specific Data Protection Terms: Detailed GDPR compliance terms when personal data is likely to be shared

2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

3. Intellectual Property Rights: Specific provisions regarding IP rights when technical or proprietary information is involved

4. Export Control: Provisions for compliance with export control laws when dealing with regulated technologies or data

5. Reverse Engineering: Prohibitions on reverse engineering when technical information or software is shared

6. Data Breach Notification: Specific procedures for handling and notifying data breaches when significant volumes of sensitive data are involved

7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws when parties are competitors

Suggested Schedules

1. Description of Confidential Information: Detailed categorization of information considered confidential under the agreement

2. Security Requirements: Specific technical and organizational measures required for protecting confidential information

3. Authorized Representatives: List of individuals or roles authorized to receive confidential information

4. Data Processing Terms: Detailed data processing terms if required under GDPR

5. Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information

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