Confidentiality Deed Template for Hong Kong

A Confidentiality Deed is a formal legal instrument used when parties require stronger protection for confidential information than that provided by a standard confidentiality agreement. This document type is particularly relevant in Hong Kong, where it must comply with specific deed execution requirements under local law. It is commonly used in significant commercial transactions, joint ventures, investment discussions, or when sharing highly sensitive technical, commercial, or personal information. The deed format provides additional legal protection through longer limitation periods and potentially broader remedies under Hong Kong law. A Confidentiality Deed typically includes detailed provisions for information handling, security measures, permitted disclosures, and consequences of breach, while ensuring compliance with Hong Kong's data protection regime.

1. Parties: Identifies and provides full details of all parties to the deed, including their registered addresses and company numbers if applicable

2. Background: Sets out the context and purpose of the deed, including the relationship between the parties and the general nature of the confidential information to be shared

3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Permitted Recipients' and interpretation rules

4. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures

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

6. Protection of Confidential Information: Specific measures required to protect confidential information, including security protocols and return/destruction requirements

7. Term and Survival: Duration of confidentiality obligations and which provisions survive termination

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

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

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

11. Execution: Formal execution blocks meeting deed requirements under Hong Kong law