NDA And Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

NDA And Confidentiality Agreement

"I need an NDA and Confidentiality Agreement under Hong Kong law for a potential technology partnership with a mainland Chinese software developer, where we'll be sharing source code and technical specifications starting March 2025."

Document background
This NDA and Confidentiality Agreement is essential for businesses and individuals operating under Hong Kong law who need to protect sensitive information during business discussions, negotiations, or collaborative ventures. The document is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors and service providers. It incorporates specific provisions aligned with Hong Kong's legal framework, including common law principles and statutory requirements such as the Personal Data (Privacy) Ordinance. The agreement can be customized to cover various types of confidential information, including trade secrets, technical know-how, customer data, financial information, and business strategies, while ensuring compliance with Hong Kong's regulatory environment and business practices.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

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

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

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 Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

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

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

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

Optional Sections

1. Intellectual Property Rights: Specific provisions protecting IP rights when the confidential information includes IP - used when IP is a significant component of the shared information

2. Data Protection Compliance: Specific obligations regarding personal data handling - required when confidential information includes personal data

3. Non-Solicitation: Restrictions on soliciting employees or customers - used in business contexts where relationship protection is important

4. Non-Competition: Restrictions on competing activities - used in sensitive business discussions or when sharing strategic information

5. Assignment and Succession: Rules about transferring rights under the agreement - important for corporate transactions

6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering - used when technical or product information is shared

7. Export Control Compliance: Provisions for international data transfers - needed when information may cross borders

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information

4. Appendix A - Form of Representative Undertaking: Template undertaking to be signed by representatives who will access confidential information

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 Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Real Estate

Retail

Education

Telecommunications

Media and Entertainment

Biotechnology

Energy

Construction

Legal Services

Research and Development

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Compliance

Corporate Development

Investment

Product Development

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Chief Technology Officer

Human Resources Director

Procurement Manager

Project Manager

Research Director

Investment Manager

Chief Financial Officer

Operations Manager

Compliance Officer

Contract 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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