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A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and data safe when there's a chance of legal action. Under Danish civil procedure rules, this formal notice helps prevent the deletion or alteration of information that might be needed as evidence in court.

When Danish companies receive these notices, they must immediately stop their usual document deletion practices and inform all relevant staff. The notice typically lists what needs to be preserved - from internal memos to social media posts - and explains the consequences of not following these instructions. This process aligns with EU data protection requirements while ensuring important evidence remains available for legal proceedings.

Issue a Litigation Hold Notice immediately when your organization faces potential legal disputes or regulatory investigations in Denmark. Common triggers include employee complaints, contract disputes, workplace accidents, or when authorities request information about your business practices. The earlier you send this notice, the better protected your evidence will be.

Danish companies need these notices when mergers face scrutiny, during intellectual property disputes, or after data breaches that might lead to legal action. Quick action matters - waiting too long risks losing crucial evidence as emails get automatically deleted or documents are routinely destroyed through normal business operations. The Danish courts expect organizations to preserve relevant evidence once litigation becomes reasonably likely.

• Basic Internal Notice: The standard format sent to employees, detailing which documents to preserve and why - commonly used for routine business disputes in Danish companies.
• Department-Specific Notice: Tailored notices for specific teams like IT, HR, or Finance, with detailed preservation instructions for their unique data types.
• Third-Party Notice: Sent to external partners, vendors, or consultants who may hold relevant information, adapted to comply with Danish data protection laws.
• Project-Based Notice: Focused on preserving materials related to specific business initiatives or transactions, often used in commercial disputes.
• Regulatory Investigation Notice: More comprehensive version used when Danish authorities initiate investigations, covering broader categories of documents.

• Legal Department: Drafts and oversees Litigation Hold Notices, coordinates with external counsel, and monitors compliance across the organization.
• IT Teams: Implement technical measures to preserve electronic data and prevent automatic deletions in company systems.
• Department Managers: Ensure their teams understand and follow the hold requirements, reporting any compliance issues.
• Individual Employees: Must preserve specified documents and data once notified, regardless of their regular deletion habits.
• External Partners: Vendors, contractors, or consultants who may need to preserve relevant information under Danish contract law.

• Scope Assessment: Identify all potentially relevant documents, data types, and systems that need preservation under Danish law.
• Key Personnel: List departments and individuals who possess or control relevant information, including their contact details.
• Timeline Details: Document when the legal dispute began and how far back records need to be preserved.
• Storage Locations: Map out where relevant data exists, including email servers, cloud storage, and physical archives.
• Distribution Plan: Create a clear list of recipients who need the notice, including external partners and contractors.
• Compliance Tracking: Set up a system to monitor and document that all recipients acknowledge and follow the hold requirements.

• Clear Identification: Date, sender details, and recipients' names with their roles in the organization.
• Legal Context: Brief description of the anticipated or ongoing legal matter triggering the hold.
• Preservation Scope: Detailed list of documents, data types, and information that must be preserved.
• Time Period: Specific dates or timeframes for which information must be kept.
• Compliance Instructions: Clear steps for preserving data and stopping routine deletions.
• Acknowledgment Section: Space for recipients to confirm their understanding and compliance.
• Contact Information: Designated person for questions about the hold requirements.
• Consequences Statement: Legal implications of non-compliance under Danish law.

A Litigation Hold Notice differs significantly from a Notice to Remedy Breach in both purpose and timing. While both documents deal with potential legal issues, they serve distinct functions in Danish business law.

• Primary Purpose: A Litigation Hold Notice preserves evidence for potential legal proceedings, while a Notice to Remedy Breach demands specific actions to fix contract violations.
• Timing of Use: Litigation holds activate at the first sign of possible legal action, whereas remedy notices come after an actual breach occurs.
• Scope of Effect: Hold notices affect internal document management across an organization, while remedy notices target specific contractual parties.
• Duration: Litigation holds typically remain active until legal proceedings conclude or threats pass, but remedy notices usually specify fixed deadlines for compliance.
• Legal Consequences: Ignoring a hold notice risks evidence spoliation penalties, while failing to address a remedy notice can trigger contract termination.