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NDA Data Protection Template for Denmark

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Key Requirements PROMPT example:

NDA Data Protection

I need a Combined NDA and Data Protection Agreement for a software development project starting January 2025, where our Danish tech company will be sharing customer data with an external development team for testing purposes.

What is a NDA Data Protection?

This Combined NDA and Data Protection Agreement is essential for business relationships involving the exchange of both confidential information and personal data in Denmark. The document is specifically designed for situations where parties need to protect sensitive business information while ensuring compliance with GDPR and Danish data protection laws. It's particularly relevant when organizations share data for business purposes, technological development, professional services, or other collaborative activities. The agreement includes comprehensive provisions covering both traditional NDA elements and specific data protection requirements, making it suitable for complex business relationships where data protection compliance is crucial. This template should be used when a standard NDA would be insufficient due to the presence of personal data processing activities, requiring the additional protections and obligations outlined in GDPR and Danish data protection legislation.

What sections should be included in a NDA Data Protection?

1. Parties: Identification of the parties entering into the agreement, including their roles as data controller/processor if applicable

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information and personal data

3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Data Subject, Security Breach, etc.

4. Scope and Purpose: Defines the scope of confidential information and personal data covered, and permitted purposes for use

5. Confidentiality Obligations: Core confidentiality provisions, including use restrictions, security requirements, and permitted disclosures

6. Data Protection Obligations: GDPR-compliant provisions regarding processing of personal data, including legal basis and data subject rights

7. Security Measures: Technical and organizational measures required for protecting both confidential information and personal data

8. Breach Notification: Procedures for reporting and handling security breaches and data incidents

9. Return or Destruction: Requirements for returning or destroying confidential information and personal data upon termination

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

11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices

What sections are optional to include in a NDA Data Protection?

1. Sub-processors: Required when the receiving party may engage sub-processors for data processing activities

2. International Transfers: Required when personal data may be transferred outside the EU/EEA

3. Audit Rights: Optional section providing for audit rights, particularly relevant for complex data processing arrangements

4. Intellectual Property: Required when confidential information includes IP rights or when development activities are contemplated

5. Insurance Requirements: Optional section specifying required insurance coverage for data protection risks

6. Employee and Contractor Obligations: Required when the receiving party needs to extend obligations to employees and contractors

What schedules should be included in a NDA Data Protection?

1. Description of Processing Activities: Details of personal data processing including categories of data, purposes, and duration

2. Technical and Organizational Measures: Detailed description of security measures implemented to protect data

3. Approved Sub-processors: List of approved sub-processors and their processing activities, if applicable

4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Contact Points and Procedures: List of key contacts and procedures for routine communications and breach reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses






























Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Retail

Education

Research & Development

Telecommunications

Pharmaceuticals

Insurance

Consulting

Legal Services

Human Resources

Marketing

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Operations

Human Resources

Procurement

Research & Development

Business Development

Data Protection

Risk Management

Information Technology

Contract Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Business Development Manager

Project Manager

HR Director

Procurement Manager

Research Director

Contract Manager

Chief Information Security Officer

Operations Manager

Industries





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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