General Business Conditions of The Trade Council

General Business Conditions for the Trade Council, Ministry of Foreign Affairs as per February 11, 2025.

 

1. Purpose

1.1 These General Business Conditions apply to the Trade Council's assistance to Danish and foreign enterprises in commercial cases, see part 2 of The Executive Order No. 1399 of 4 December 2024 (only in danish) on payment for the services of the Foreign Service.

 

2. Agreement and Prices

2.1 Assistance by the Trade Council shall be paid for according to the rates in the current executive order on payment for the services of the Foreign Service at the time the service is rendered based on a written agreement between the Trade Council and the enterprise. The written agreement must contain information about the expected time to complete the assignment, the hourly rate - or if deemed more expedient, an overall price for the specified service - as well as an estimate of possible expenses.

2.2 Routine information tasks, obtaining publications, statistical material, credit information and similar material is free of charge. Actual expenses, if any, that are directly associated with the Foreign Service’s processing of the case must be paid for.

2.3 Prices and fees are in Danish kroner unless otherwise stated. Assistance provided in Denmark is subject to value added tax.

2.4 The Trade Council’s expenses, for instance for purchase of materials, information, access/connection to databases, travel expenses, telecommunication etc., have to be refunded by the enterprise. That includes any expenses for duty travel approved by the enterprise.

3. Terms of Payment

3.1 The Trade Council collects its payment when the service has been rendered. However, depending on the circumstances a partial or advance payment may be required.

3.2 Payment shall be made no later than 30 days after the invoice date. A fee may be charged for late payment and interest may be charged according to the general rules.

 

4. Termination

4.1 Either party has the right to terminate the agreement with immediate effect. In such cases, the enterprise shall pay for the assistance provided so far and for any expenses that the Trade Council has paid or committed itself to pay.

4.2 The Trade Council will refund any unused prepaid funds when the agreement is terminated.

 

5. Professional secrecy and confidence

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.

 

6. Liability for Damages

6.1 The Trade Council shall be liable to the enterprise according to the general rules of Danish law, always provided that the Trade Council shall not be liable for loss of profits, loss of income or any other indirect loss. Payment of damages cannot exceed the remuneration agreed upon or the fee according to the current tariff.

 

7. Disputes

7.1 Agreements comprised by these General Business Conditions shall be subject to Danish law.

7.2 Any dispute arising out of or in connection with agreements comprised by these General Business Conditions and which cannot be settled by negotiation shall be settled by the ordinary courts of law.

 

 

Appendix to TC’s General Business Conditions
Advisory principles: The Trade Council’s efforts to support companies’ contribution to sustainable trade and production and responsible business models

The Trade Council works to support a strong Danish economy with more new jobs, a global sustainable transition and globally strengthened workers' rights and conditions. Through a number of initiatives, the Trade Council supports Danish companies' ambitions to make a positive difference globally through sustainable trade and production and responsible business models, for the benefit of, among other things, the environment, climate, and health.

 

The following principles apply in this connection to our advisory services

 

The Trade Council