5.1 By virtue of their terms of employment, employees of The Ministry of Foreign Affairs, including the Trade Council, are obliged to maintain confidentiality in relation to information, including competition-sensitive information concerning enterprises and trade secrets, that the employees receive in the course of their work. Employees of the Ministry of Foreign Affairs have signed a pledge to this effect. The obligation to maintain confidentiality continues after the employee has left the service. Failure to comply with this obligation can lead to criminal liability under the Penal Code.
5.2 The Ministry of Foreign Affairs, including the Trade Council, treats information received from partners and companies confidentially within the framework of Danish legislation. This includes information that is sensitive to competition, trade secrets and commercial or operational matters.
As a public authority, the Ministry of Foreign Affairs, including the Trade Council, is governed by Danish administrative law, including the Access to Public Administration Files Act. The obligations of this act cannot be altered through private agreement, and binding public law takes precedence over any agreements contrary to the obligations imposed by law.
Business documents and information in the Trade Council’s possession are covered by the Access to Public Administration Files Act. Pursuant to section 30(2) therein, “the right of access to administration files shall not apply to information on technical plant or processes or on operation or business procedures or the like, provided it is of material importance to the economy of the person or enterprise that grant of the request be refused.”
When in doubt about the potential for economic harm from the release of business documents and information, the Ministry of Foreign Affairs will consult the enterprise whose information is subject to the Access to Public Administration Files Act request prior to responding to the request.
If the Ministry of Foreign Affairs provides information about the enterprise in response to an Access to Public Administration Files Act request, the Trade Council will inform the enterprise.