Commercial Real Estate Confidentiality Agreement

Commercial Real Estate Confidentiality Agreement Template for Denmark

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Document background

The Commercial Real Estate Confidentiality Agreement is essential in Danish property transactions where sensitive information needs to be shared during due diligence and negotiations. It is commonly used when property owners or their representatives need to disclose confidential details about commercial properties, including financial statements, tenant information, maintenance records, and development plans. This document, governed by Danish law, ensures that all parties maintain strict confidentiality while evaluating potential real estate transactions. It incorporates provisions from relevant Danish legislation, including the Act on Trade Secrets, Property Law, and Data Protection Act, making it particularly suitable for high-value commercial property transactions where information security is crucial.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, company registration numbers, and addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the potential real estate transaction

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

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction

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 professional advisors and as required by law

7. Security Measures: Required measures for protecting and securing confidential information

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

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

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

Optional Sections

1. Data Protection Provisions: Additional provisions when confidential information includes personal data subject to GDPR

2. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the transaction

3. Exclusivity: Provisions granting exclusive rights to negotiate for the property for a specified period

4. Press Announcements: Rules regarding public announcements about the potential transaction

5. Non-Circumvention: Provisions preventing parties from bypassing each other in the transaction

6. Real Estate Agent Provisions: Specific provisions when real estate agents are involved in the transaction

Suggested Schedules

1. Property Description: Detailed description of the real estate property subject to the potential transaction

2. Authorized Representatives: List of authorized representatives who may receive confidential information

3. Security Protocols: Specific security measures and protocols for handling confidential information

4. Excluded Information: List of information specifically excluded from confidentiality obligations

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