Confidentiality Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Confidentiality Non Disclosure Agreement

"I need a Confidentiality Non Disclosure Agreement for my Hong Kong technology startup to use with potential investors and venture capital firms, with specific provisions for protecting our AI algorithms and software source code."

Document background
The Confidentiality Non Disclosure Agreement (NDA) is a critical legal document used in Hong Kong business contexts to protect confidential and proprietary information shared between parties. It is commonly employed before entering into business discussions, during due diligence processes, in employment relationships, or when engaging with contractors and service providers. The agreement defines what constitutes confidential information, establishes clear obligations for its protection, and provides legal recourse under Hong Kong law if breached. This document is essential in Hong Kong's dynamic business environment, where intellectual property protection and data privacy are paramount concerns, particularly in international business transactions and cross-border relationships. The agreement aligns with Hong Kong's common law system and relevant statutory requirements, making it suitable for both local and international business arrangements involving Hong Kong entities.
Suggested Sections

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

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

3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

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

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Use and Disclosure: Specified circumstances under which confidential information may be used or disclosed

7. Security Measures: Required measures to protect and safeguard confidential information

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

9. Duration and Termination: Term of the agreement and survival of obligations

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

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

Optional Sections

1. Personal Data Protection: Additional provisions when confidential information includes personal data subject to the PDPO

2. Non-Solicitation: Restrictions on soliciting employees or customers, used when business relationships are involved

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

4. Intellectual Property Rights: Provisions clarifying ownership and rights in any IP disclosed or created

5. Export Control: Compliance with export control laws, used when information may be subject to international transfer restrictions

6. Group Company Rights: Extensions of rights to affiliated companies, used for corporate group structures

7. Residual Knowledge: Provisions addressing use of non-confidential general knowledge retained by recipients

Suggested Schedules

1. Schedule 1 - Description of 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 - Permitted Purpose: Detailed description of the specific purpose(s) for which confidential information may be used

4. Schedule 4 - Security Protocols: Specific security measures and protocols required for protecting confidential information

5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

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 legal definitions
Relevant Industries

Technology and Software

Financial Services

Manufacturing

Healthcare and Pharmaceuticals

Professional Services

Real Estate and Construction

Retail and Consumer Goods

Education and Research

Energy and Utilities

Media and Entertainment

Telecommunications

Biotechnology

E-commerce

Logistics and Supply Chain

Consulting Services

Relevant Teams

Legal

Human Resources

Business Development

Research and Development

Executive Leadership

Procurement

Information Technology

Finance

Operations

Compliance

Corporate Development

Innovation

Intellectual Property

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Compliance Officer

Business Development Manager

Human Resources Director

Project Manager

Research and Development Director

Chief Technology Officer

Chief Financial Officer

Investment Manager

Operations Manager

Procurement Manager

Contract Administrator

Innovation Director

Strategic Partnership Manager

Intellectual Property Manager

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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