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Confidentiality Agreement Data Protection

Confidentiality Agreement Data Protection Template for Hong Kong

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

"I need a Confidentiality Agreement Data Protection for a Hong Kong technology vendor who will be processing our customer database and employee information starting March 2025; the agreement needs to include strict data security protocols and cross-border transfer provisions as the vendor has operations in Singapore."

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Document background
The Confidentiality Agreement Data Protection is essential for businesses operating in Hong Kong who need to share sensitive information while ensuring compliance with local data protection laws. This document is particularly relevant when parties need to exchange both confidential business information and personal data in contexts such as business partnerships, vendor relationships, or employment situations. It addresses requirements under Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and common law principles of confidentiality, providing comprehensive protection for both commercial secrets and personal data. The agreement is commonly used in business transactions, due diligence processes, outsourcing arrangements, and other situations where sensitive data sharing is required while maintaining legal compliance and data security.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data

3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Authorized Recipients

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data covered by the agreement

5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information

6. Data Protection Obligations: Specific obligations regarding handling of personal data in compliance with PDPO

7. Security Measures: Required technical and organizational measures to protect confidential information and personal data

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed and process for such disclosure

9. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach and Remedies: Consequences of breach and available remedies

12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Transfer Provisions: Required when confidential information or personal data will be transferred outside Hong Kong

2. Subcontractor Provisions: Include when the receiving party may need to engage subcontractors to process confidential information

3. Intellectual Property Rights: Include when confidential information includes IP rights that need specific protection

4. Privacy Impact Assessment: Include for high-risk data processing activities

5. Data Breach Notification: Detailed procedures for handling data breaches, recommended for sensitive data handling

6. Audit Rights: Include when regular auditing of data protection measures is required

7. Insurance Requirements: Include when specific insurance coverage for data protection is required

8. Competing Business Restrictions: Include when there are concerns about competition or business protection

Suggested Schedules

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

2. Schedule 2 - Categories of Personal Data: Specific categories of personal data being processed

3. Schedule 3 - Security Measures: Technical and organizational security measures to be implemented

4. Schedule 4 - Authorized Recipients: List of approved individuals or entities who may access the confidential information

5. Schedule 5 - Data Processing Activities: Details of how personal data will be processed, including purposes and duration

6. Appendix A - Data Transfer Safeguards: Specific measures for international data transfers if applicable

7. Appendix B - Incident Response Plan: Procedures for handling data breaches and security incidents

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 legal definitions
Confidential Information
Personal Data
Data Subject
Processing
Data User
Data Processor
Authorized Recipients
Business Purpose
Permitted Purpose
Disclosing Party
Receiving Party
Representatives
Affiliates
Data Protection Laws
PDPO
Security Measures
Data Breach
Confidentiality Period
Trade Secrets
Proprietary Information
Material
Intellectual Property Rights
Third Party
Group Company
Sensitive Personal Data
Technical Data
Data Protection Principles
Privacy Management Programme
Force Majeure Event
Working Day
Notice
Security Standards
Regulatory Authority
Data Protection Officer
Cross-border Transfer
Relevant Industries

Financial Services

Healthcare

Technology

Professional Services

E-commerce

Education

Telecommunications

Manufacturing

Research & Development

Biotechnology

Legal Services

Management Consulting

Insurance

Real Estate

Human Resources

Relevant Teams

Legal

Compliance

Information Security

Human Resources

Information Technology

Risk Management

Operations

Research & Development

Procurement

Data Protection

Privacy

Corporate Governance

Internal Audit

Business Development

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

HR Director

IT Manager

Risk Manager

Operations Director

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Information Security Officer

Procurement Manager

Vendor Manager

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Hong Kong's primary legislation governing data privacy and protection, which sets out data protection principles, data subject rights, and compliance obligations for data users
Law of Contract in Hong Kong: Common law principles and Contract Ordinance (Cap. 26) governing formation and enforcement of contracts, essential for the basic structure and enforceability of the confidentiality agreement
Common Law of Confidentiality: Case law principles protecting confidential information and trade secrets, providing framework for confidentiality obligations and remedies for breach
Employment Ordinance (Cap. 57): Relevant if the confidentiality agreement involves employees, covering employment-related confidentiality obligations and restrictions
Crimes Ordinance (Cap. 200): Contains provisions relating to computer crimes and unauthorized access to computer systems, relevant for digital data protection aspects
Copyright Ordinance (Cap. 528): Relevant for protecting confidential information that may include copyrighted materials or trade secrets
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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