Privacy And Confidentiality Agreement Template for Hong Kong

The Privacy And Confidentiality Agreement is essential for businesses operating in Hong Kong that need to protect sensitive information and ensure compliance with data privacy laws. This document is commonly used when parties need to share confidential business information, trade secrets, or personal data in the course of their business relationship. It incorporates requirements from the Hong Kong Personal Data (Privacy) Ordinance and common law principles, making it suitable for various commercial arrangements including service agreements, business partnerships, employment relationships, and vendor contracts. The agreement is particularly important given Hong Kong's status as a major international business hub and its robust data protection regime, which requires careful attention to data privacy and confidentiality obligations.

1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers (if applicable), and registered addresses

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

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Personal Data', 'Authorized Persons', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including examples and exclusions

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

6. Data Protection Obligations: Specific obligations regarding personal data handling in compliance with the Personal Data (Privacy) Ordinance

7. Security Measures: Required technical and organizational measures to protect confidential information

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized persons or as required by law

9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination

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

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

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