Information Technology Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Information Technology Confidentiality Agreement

"I need an Information Technology Confidentiality Agreement for my Hong Kong software development company to protect our AI algorithms and source code when working with external contractors who will be accessing our development environment starting March 2025."

Document background

The Information Technology Confidentiality Agreement is essential for businesses operating in Hong Kong's technology sector where the protection of sensitive technical information and intellectual property is crucial. This document is typically used when parties need to share confidential technical information, source code, system architectures, or other proprietary IT assets during business collaborations, development projects, or service engagements. It is specifically drafted to comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and Electronic Transactions Ordinance, while addressing unique challenges in the IT sector such as digital asset protection, cloud computing considerations, and cybersecurity requirements. The agreement is particularly relevant for technology companies, startups, and enterprises engaging in software development, system integration, or digital transformation projects in Hong Kong.

Suggested Sections

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

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions of terms, including 'Confidential Information', 'IT Systems', 'Data', 'Source Code', 'Trade Secrets', etc.

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT context, including technical data, source code, algorithms, and trade secrets

5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information

6. Permitted Use and Disclosure: Specified purposes for which confidential information may be used and circumstances under which disclosure is permitted

7. Security Measures: Required technical and organizational security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information, including digital copies and backups

9. Duration and Survival: Term of the agreement and survival of obligations after termination

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

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

Optional Sections

1. Third Party Access: Rules for allowing third party contractors or service providers to access confidential information. Include when third party access is anticipated.

2. Data Protection Compliance: Specific obligations relating to personal data protection. Include when personal data processing is involved.

3. Cross-Border Data Transfers: Provisions governing international transfer of confidential information. Include when parties operate in multiple jurisdictions.

4. Source Code Protection: Special provisions for protecting source code and development materials. Include when software code is involved.

5. Cloud Storage and Processing: Specific requirements for cloud-based storage and processing. Include when cloud services are used.

6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering of software or systems. Include when protecting proprietary technology.

7. Audit Rights: Rights to audit compliance with confidentiality obligations. Include for high-security requirements.

Suggested Schedules

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

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required

4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees/contractors

6. Appendix B - Security Breach Notification Procedure: Procedure to be followed in case of security breaches

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

alex.den.21@genieai.co

Relevant legal definitions

Confidential Information
Trade Secrets
Proprietary Information
Source Code
Object Code
Technical Documentation
Software
Hardware
Systems Architecture
APIs
Development Tools
Technical Specifications
Data
Personal Data
Sensitive Data
Metadata
User Data
Database
Cloud Services
Security Protocols
Authentication Methods
Encryption Standards
Network Infrastructure
IT Systems
Intellectual Property Rights
Licensed Materials
Derivatives
Authorized Personnel
Authorized Purpose
Permitted Use
Security Breach
Data Protection Measures
Disclosing Party
Receiving Party
Representatives
Affiliated Companies
Third Party Service Providers
Development Environment
Production Environment
Testing Environment
Business Process
Technical Knowledge
Trade Knowledge
Confidentiality Period
Security Requirements
Access Controls
Digital Assets
Electronic Information
Machine Learning Models
Algorithms
Technical Protocols

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare Technology

E-commerce

Telecommunications

Manufacturing Technology

Digital Media

Cybersecurity

Cloud Computing

Artificial Intelligence

Internet of Things

Fintech

Biotech

Smart City Development

Digital Entertainment

Relevant Teams

Information Technology

Software Development

Information Security

Data Protection

Legal

Compliance

Research and Development

Quality Assurance

Infrastructure

Cloud Operations

Technical Support

Systems Integration

Digital Innovation

Enterprise Architecture

Product Development

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Systems Architect

Information Security Officer

Data Protection Officer

IT Project Manager

Technical Lead

Database Administrator

Network Engineer

DevOps Engineer

Cloud Solutions Architect

IT Consultant

Security Analyst

Privacy Officer

Compliance Manager

Technical Account Manager

Software Engineer

Quality Assurance Manager

IT Operations Manager

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Let's create your Information Technology Confidentiality Agreement

Authors

Alex Denne

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