Confidential NDA Template for Hong Kong

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Key Requirements PROMPT example:

Confidential NDA

"I need a Confidential NDA governed by Hong Kong law for a potential joint venture with a technology company, where we'll be sharing sensitive software code and customer data during the evaluation phase starting March 2025."

Document background
This Confidential NDA template is essential for businesses and individuals operating under Hong Kong law who need to protect sensitive information during business discussions, negotiations, or commercial relationships. The document is particularly relevant when parties need to share trade secrets, proprietary technology, customer data, business plans, or other confidential information. It incorporates specific provisions required under Hong Kong law, including considerations for personal data protection and common law principles of confidentiality. The agreement is commonly used in scenarios such as business negotiations, due diligence processes, service provider engagements, and potential partnerships, where protecting confidential information is crucial for maintaining competitive advantage and ensuring compliance with legal obligations.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers

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

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', 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 use restrictions and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement

7. Security Measures: Required procedures and safeguards for protecting confidential information

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

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

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, and variation

Optional Sections

1. Data Protection: Additional provisions when confidential information includes personal data subject to the Personal Data (Privacy) Ordinance

2. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses when confidential information includes IP

3. Non-Solicitation: Optional restrictions on soliciting employees or customers, commonly included in business contexts

4. Export Control: Required when confidential information may be subject to export control regulations

5. Reverse Engineering: Specific prohibitions on reverse engineering when technical information is involved

6. Competition Law Compliance: Required when parties are competitors or information sharing could raise competition law concerns

Suggested Schedules

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

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive 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 permitted use of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties

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

Real Estate

Retail

Education

Telecommunications

Biotechnology

Energy

Entertainment

Media

Construction

Logistics

Pharmaceuticals

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Research and Development

Business Development

Corporate Development

Finance

Operations

Procurement

Information Security

Risk Management

Executive Management

Administrative

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Corporate Secretary

Business Development Manager

Chief Technology Officer

Chief Financial Officer

Human Resources Director

Procurement Manager

Research and Development Director

Project Manager

Investment Manager

Compliance Officer

Operations Manager

Chief Information Security 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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