International Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

International Confidentiality Agreement

"I need an International Confidentiality Agreement governed by Hong Kong law for a technology licensing deal between our Hong Kong-based AI company and a German software provider, with special attention to data protection and cross-border data transfer requirements."

Document background
The International Confidentiality Agreement is essential for businesses and individuals sharing sensitive information across jurisdictions while maintaining Hong Kong law as the governing framework. This document is particularly relevant when parties need to exchange proprietary information, trade secrets, or sensitive business data during negotiations, joint ventures, or other commercial relationships. The agreement provides comprehensive protection by defining confidential information, establishing clear obligations for its protection, and setting out enforcement mechanisms under Hong Kong's legal system. It is designed to comply with both local Hong Kong regulations and international best practices for data protection and information security. The document is commonly used in preliminary business discussions, due diligence processes, and ongoing business relationships where confidential information needs to be shared securely.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, registration details, and addresses

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

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliates'

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, security measures, and standard of care

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

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Breach and Remedies: Consequences of breach, including remedies and indemnification

10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Specific provisions for compliance with data protection laws when confidential information includes personal data

2. Intellectual Property Rights: Clarification that the agreement does not transfer any IP rights, used when confidential information includes IP

3. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties have direct business relationships

4. Export Control: Compliance with export control laws, included when information may be subject to export restrictions

5. Force Majeure: Provisions for unforeseen circumstances, included in jurisdictions where this is commonly expected

6. Assignment and Succession: Rules about transferring rights under the agreement, included for long-term or complex relationships

7. Publicity and Announcements: Restrictions on public statements about the relationship, included for sensitive commercial relationships

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used

2. Schedule 2 - Security Measures: Specific security protocols and measures required for protecting confidential information

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Schedule 4 - Information Transfer Protocols: Procedures for secure transfer and storage of confidential information

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

6. Appendix B - Data Processing Requirements: Specific requirements for processing personal data, if applicable

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

Financial Services

Manufacturing

Healthcare

Professional Services

Research & Development

Telecommunications

Entertainment & Media

Biotechnology

Real Estate

Education

Retail

Energy

Maritime & Logistics

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Research & Development

Information Technology

Human Resources

Finance

Operations

Risk Management

Procurement

Corporate Secretariat

Mergers & Acquisitions

Investment

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Business Development Manager

Chief Technology Officer

Research Director

Project Manager

Investment Manager

Corporate Secretary

Risk Manager

Procurement Manager

Human Resources Director

Operations Manager

Chief Financial 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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