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Client NDA

Client NDA Template for Hong Kong

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Key Requirements PROMPT example:

Client NDA

"I need a Client NDA governed by Hong Kong law for my technology consulting firm to use with enterprise clients, with strong data protection clauses and specific provisions for handling source code and trade secrets."

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Document background
This Client NDA template is specifically designed for use in Hong Kong business relationships where one party (typically a service provider, consultant, or business partner) needs access to confidential information from a client to perform services or explore business opportunities. The document is structured to comply with Hong Kong legal requirements and common law principles, incorporating necessary protections under the Personal Data (Privacy) Ordinance and other relevant legislation. It is particularly suitable for professional services, financial transactions, and commercial relationships in Hong Kong's business environment, where protection of sensitive information is crucial. The Client NDA includes provisions for data handling, permitted disclosures, and enforcement mechanisms that are aligned with Hong Kong legal practice and business customs.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the client) and receiving party, including full legal names and registered addresses

2. Background: Brief context of the business relationship and purpose for sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Information Security Measures: Required security measures for protecting confidential information

8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Duration and Survival: Term of the agreement and surviving obligations

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

Optional Sections

1. Data Privacy Compliance: Specific provisions for compliance with Hong Kong's Personal Data (Privacy) Ordinance - include when personal data will be shared

2. Intellectual Property Rights: Provisions clarifying ownership of IP and any licenses granted - include for technology or creative industry clients

3. Non-Competition: Restrictions on competitive activities - include for clients sharing sensitive market information or strategic plans

4. Non-Solicitation: Restrictions on soliciting employees or clients - include when there's significant exposure to client relationships

5. Remedies and Injunctive Relief: Enhanced provisions for enforcement and remedies - include for high-value or high-risk relationships

6. Audit Rights: Right to audit compliance with confidentiality obligations - include for regulated industries or highly sensitive information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

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

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

4. Appendix A - Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Professional Services

Technology

Real Estate

Trading & Logistics

Manufacturing

Healthcare

Retail

Media & Entertainment

Education

Construction

Legal Services

Consulting

Relevant Teams

Legal

Compliance

Business Development

Project Management

Information Technology

Operations

Risk Management

Sales

Research & Development

Strategic Planning

Corporate Secretariat

Investment

Client Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Consultant

Account Manager

IT Director

Risk Manager

Operations Manager

Corporate Secretary

Investment Analyst

Research Director

Strategic Planning Director

Sales Director

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Primary legislation governing collection, use, and handling of personal data in Hong Kong. Essential for NDAs that may involve personal information.
Contract Law of Hong Kong: Based on common law principles, governs formation and enforcement of contracts including NDAs, ensuring elements like offer, acceptance, consideration, and intention to create legal relations.
Law of Confidence: Common law principles protecting confidential information and trade secrets, establishing requirements for breach of confidence claims.
Trade Descriptions Ordinance (Cap. 362): Relevant for ensuring truthful representations in commercial agreements and protecting trade secrets.
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Important for determining whether third parties can enforce terms of the NDA or benefit from its provisions.
Competition Ordinance (Cap. 619): Relevant for ensuring NDA provisions don't constitute anti-competitive practices or unreasonable restraint of trade.
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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