This International NDA Agreement is essential for businesses engaging in cross-border transactions or relationships where confidential information needs to be shared. Governed by Hong Kong law, it provides a secure framework for protecting sensitive business information, trade secrets, intellectual property, and other confidential data in an international context. The agreement is particularly relevant given Hong Kong's status as a global financial center and business hub, incorporating specific provisions that address international business practices while ensuring compliance with Hong Kong's legal requirements. This document is commonly used during business negotiations, due diligence processes, joint ventures, or any situation where parties from different jurisdictions need to exchange sensitive information while maintaining strict confidentiality.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit exclusions
5. Obligations of Confidentiality: Core confidentiality obligations and standard of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions for handling personal data under relevant privacy laws, required when confidential information includes personal data
2. Intellectual Property Rights: Clarity on IP ownership and licensing, needed when confidential information includes IP-sensitive material
3. Non-Solicitation: Prevents poaching of employees/clients, recommended for business relationships with potential competitive overlap
4. Export Control: Compliance with international trade regulations, required when information may be subject to export controls
5. Force Majeure: Provisions for extraordinary events, recommended for long-term NDAs
6. Corporate Representatives: Specific provisions for corporate groups, needed when parties are part of larger corporate structures
7. Translations: Provisions regarding official language and translations, needed for multi-jurisdictional use
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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