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Supplier NDA

Supplier NDA Template for Hong Kong

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Key Requirements PROMPT example:

Supplier NDA

"I need a Supplier NDA for a technology manufacturing company based in Hong Kong, to be used with overseas component suppliers who will have access to our proprietary designs and manufacturing processes starting March 2025."

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Document background
This Supplier NDA template is essential for businesses operating in Hong Kong that need to share confidential information with their suppliers while maintaining proper protection of sensitive data. The document is specifically tailored to comply with Hong Kong's legal framework, incorporating both common law principles and statutory requirements. It should be used before engaging in detailed discussions with suppliers or when beginning a supplier relationship where confidential information will be shared. The agreement covers various types of confidential information, including but not limited to trade secrets, proprietary technology, business processes, customer data, and financial information. It includes specific provisions for Hong Kong jurisdiction and enforcement, making it particularly suitable for businesses operating in or through Hong Kong.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier)

2. Background: Context of the relationship and purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliate'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

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

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

7. Security Measures: Required standards for protecting and storing confidential information

8. Return or Destruction: 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 clauses including governing law, jurisdiction, entire agreement, and variation

Optional Sections

1. Intellectual Property Rights: Specific provisions clarifying ownership and protection of IP rights in confidential information - include when IP is a significant component

2. Data Privacy Compliance: Specific obligations regarding personal data handling - include when personal data will be shared

3. Subcontractor Obligations: Requirements for subcontractors handling confidential information - include when supplier likely to use subcontractors

4. Export Control: Provisions regarding international transfer of technical data - include for technical or regulated information

5. Force Majeure: Provisions for handling confidential information during extraordinary events - include for long-term or critical supplier relationships

6. Insurance Requirements: Specific insurance coverage requirements for information security - include for high-value or sensitive information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required

4. Schedule 4 - Approved Subcontractors: Pre-approved subcontractors and their permitted access levels

5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Healthcare

Retail

Telecommunications

Construction

Logistics

Energy

Education

Pharmaceuticals

Real Estate

Consumer Goods

Media and Entertainment

Relevant Teams

Legal

Procurement

Supply Chain

Finance

Operations

Risk Management

Compliance

Information Security

Vendor Management

Commercial

Business Development

Information Technology

Research and Development

Relevant Roles

Procurement Manager

Legal Counsel

Supply Chain Director

Vendor Management Specialist

Chief Financial Officer

Operations Manager

Commercial Director

Risk Management Officer

Compliance Officer

Project Manager

Business Development Manager

Chief Technology Officer

Information Security Officer

Contract Administrator

General Counsel

Industries
Contract Law of Hong Kong: Common law principles governing formation and enforcement of contracts, including elements of offer, acceptance, consideration, and intention to create legal relations
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of personal data, which may be part of the confidential information covered under the NDA
Trade Secrets Protection: Common law principles protecting confidential information and trade secrets, including the test established in Coco v A.N. Clark (Engineers) Ltd [1969]
Hong Kong Competition Ordinance (Cap. 619): Ensures that confidentiality provisions do not create anti-competitive effects or market restrictions
Law of Confidence: Equitable doctrine protecting confidential information and providing remedies for breach of confidence
Employment Ordinance (Cap. 57): Relevant for understanding how confidentiality obligations flow down to supplier's employees
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Determines how third parties (such as supplier's employees or subcontractors) may be bound by or enforce the confidentiality provisions
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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