Derfor skal du bruge en fortrolighedserklæring

Har du også før hørt ordet ”fortrolighedserklæring”, men kan du ikke helt sætte ord på, hvad det egentlig er? Så skal du læse med her, hvor vi giver dig al den information, du skal bruge, når du støder på sådan et dokument.

Hvad er en fortrolighedserklæring?

En fortrolighedserklæring bliver også kaldt for en NDA (non Disclosure Agreement) eller en hemmelighedsaftale. En NDA er en bindende aftale mellem to parter, der ønsker at indgå en aftale, der på den ene eller den anden måde skal være fortrolig.

Det kan for eksempel være, at de vil opbygge en virksomhed sammen, og dette kræver altså ofte at man laver en fortrolighedserklæring, så oplysninger som for eksempel virksomhedsinformationer ikke er tilgængelige for andre end virksomhedsejerne.

Man kan bygge en fortrolighedserklæring op på mange forskellige måder. De fleste vælger at involvere en jurist eller en advokat, for at sikre, at fortrolighedsarbejdet bliver gjort korrekt, men nogle vælger også selv at gøre det indbyrdes.

En NDA er gældende fra den bliver underskrevet, og dette betyder altså også, at du bryder loven, hvis du bryder aftalen og deler informationer, du ikke må dele. Dette kan have konsekvenser som eksempelvis en bøde.

Du må dog gerne diskutere oplysninger i offentligheden, der ikke er en del af fortrolighedserklæringen.

Hvornår bruges en fortrolighedserklæring?

Som sagt kan en NDA eksempelvis bruges, når to partnere opbygger en ny virksomhed sammen. Eller det kan også være i et realityshow, hvor deltagerne ikke må informere offentligheden om nogle former for detaljer fra programmet.

Hvis man vil sælge sin virksomhed, kan det også være en god idé at udarbejde en fortrolighedserklæring for at sikre sig, at køberne er seriøse, og ikke deler fortrolige oplysninger med offentligheden ved købet. En NDA vil ofte indeholde en bestemt aftalt konventionalbod, som vil være et fast beløb, modparten kan kræve som erstatning, hvis fortrolighedserklæringen bliver brudt.

Begge parter, der er med i aftalen, vil på forhånd have medbestemmelse og indflydelse på, hvad erstatningen skal være, hvis fortrolighedserklæringen bliver brudt. Det kan altså være en stor risiko for nogle at skrive under på en NDA.

Inden du skal udarbejde en NDA, er det vigtigt, du tænker grundigt over, hvad formålet helt præcist er med den, og hvilke oplysninger, du absolut ikke vil have delt. Det er en god idé at tænke længere over det, da du kan komme i tanker om flere vigtige oplysninger senere hen.


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