Basic Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Basic Non Disclosure Agreement

"I need a Basic Non-Disclosure Agreement under Hong Kong law for a potential joint venture with a technology company, where we'll be sharing sensitive product development information and customer data starting from March 2025."

Document background
This Basic Non-Disclosure Agreement is designed for use in situations where parties need to share confidential information while ensuring legal protection under Hong Kong law. It's particularly suitable for initial business discussions, potential partnerships, or vendor relationships where sensitive information needs to be exchanged. The document incorporates essential elements required by Hong Kong's legal framework, including clear definitions of confidential information, specific obligations for information protection, and enforcement mechanisms. This template is structured to be adaptable for various business contexts while maintaining compliance with Hong Kong's common law principles and relevant ordinances, particularly those governing contracts, data privacy, and trade secrets.
Suggested Sections

1. Parties: Identification and details of the parties entering into the NDA

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Key terms used in the agreement, particularly the definition of 'Confidential Information'

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors

6. Term and Survival: Duration of the agreement and survival of obligations after termination

7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

8. Remedies: Available remedies in case of breach, including injunctive relief

9. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Security Measures: Specific security protocols required for protecting confidential information, recommended for technical or highly sensitive information

2. Non-Solicitation: Restrictions on soliciting employees or customers, useful when parties are competitors or in sensitive business relationships

3. Non-Competition: Restrictions on competitive activities, recommended when sharing highly sensitive business information

4. Intellectual Property Rights: Clarification of IP ownership and rights, important when confidential information includes IP

5. Data Privacy Compliance: Specific obligations regarding personal data handling, necessary when confidential information includes personal data

6. Representatives and Warranties: Additional assurances from parties, useful in complex commercial relationships

7. Assignment and Succession: Rules for transferring rights under the agreement, important for corporate parties

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list or description of types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting the confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purpose(s) for which confidential information may be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Retail

Real Estate

Education

Media and Entertainment

Telecommunications

Biotechnology

Energy

Construction

Logistics

Research and Development

Relevant Teams

Legal

Human Resources

Business Development

Research and Development

Executive Leadership

Finance

Operations

Procurement

Information Technology

Sales

Strategy

Compliance

Product Development

Corporate Communications

Investment Relations

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Human Resources Director

Project Manager

Research Scientist

Product Development Manager

Finance Director

Operations Manager

Procurement Manager

Technology Officer

Sales Director

Strategic Partnership Manager

Investment Analyst

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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