Duty of non-disclosure

Under section 27 of the Danish Public Administration Act, persons employed by the Technical University of Denmark are required to observe the duty of non-disclosure. Persons disclosing confidential information shall be punishable according to sections 152b-152f of the Danish Civil Criminal Code.
In general, the duty of non-disclosure comprises:

  • the internal affairs of private enterprises and public authorities - including financial matters
  • the technical installations and methods regarding trade secrets of private enterprises and public authorities. At the same time, there may be a need to keep information confidential in relation to the Technical University of Denmark, for instance in relation to co-operation with trade and industry, provided that this is required due to:
  • the financial interests of the Technical University, including its commercial activities, or
  • information about the affairs of individuals.

The duty of non-disclosure does not cease to be in force after the employee has left the Technical University

Section 27(1) of the Danish Public Administration Act:
Anyone working within the public administration is required to observe the duty of non-disclosure, cf. sections 152 and 152c-152f of the Danish Civil Criminal Code, whenever, by virtue of law or other provisions in force, some piece of information has been classified as confidential, or whenever the information must otherwise be kept confidential in order to give first priority to public or private interests, including in particular:

  1. the security of the state or the defence of the country,
  2. the foreign-policy or external interests of the country, including the relations to foreign powers or international institutions,
  3. the prevention, investigation and prosecution of offences and the execution of sentences and protection of suspects, witnesses or others in cases regarding criminal or disciplinary prosecution,
  4. the implementation of public control, adjustment or planning activities or of contemplated measures in accordance with the legislation on direct and indirect taxes,
  5. the economic interests of the public sector, including the performance of its commercial activities,
  6. the interest of individuals or private companies or associations to protect information about their personal or internal affairs, including financial matters, or
  7. the financial interest of individuals or private companies or associations to protect information about technical installations or methods or about operating or commercial matters.