NDA Between Company And Individual Template for Hong Kong

This NDA Between Company And Individual is essential for businesses operating in Hong Kong that need to protect their confidential information when engaging with individual contractors, consultants, potential employees, or business partners. The document is structured to comply with Hong Kong's common law system and relevant ordinances, particularly regarding data privacy and contract enforcement. It's commonly used during business negotiations, employment discussions, consulting arrangements, or any situation where sensitive company information needs to be shared with an individual. The agreement includes comprehensive definitions of confidential information, clear obligations for information handling, and specific provisions for enforcement under Hong Kong law. This template is particularly relevant for companies in Hong Kong's dynamic business environment where protection of trade secrets and proprietary information is crucial for maintaining competitive advantage.

1. Parties: Identification of the company and the individual, including their respective addresses and registration/identification details

2. Background: Brief context explaining the purpose of the NDA and the relationship between the parties

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

4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional advisers

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

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

8. Data Privacy Compliance: Provisions ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance

9. Remedies: Available remedies in case of breach, including injunctive relief

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

11. Execution: Signature blocks and execution formalities