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Authorized User Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions under which an individual or organization is granted access to specific systems, software, or services. The document incorporates Hong Kong's data privacy requirements, electronic transaction regulations, and common law principles while detailing user rights, obligations, security requirements, and compliance measures. It serves as a crucial tool for managing system access, protecting proprietary information, and ensuring regulatory compliance in the Hong Kong jurisdiction.

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What is a Authorized User Agreement?

The Authorized User Agreement is essential for organizations operating in Hong Kong that provide access to their systems, platforms, or digital services to third parties. This agreement type is particularly relevant in the current digital business environment, where secure and controlled access to systems is crucial. It addresses key requirements under Hong Kong law, including compliance with the Personal Data (Privacy) Ordinance and Electronic Transactions Ordinance, while establishing clear guidelines for system usage, security protocols, and user responsibilities. The agreement is commonly used by technology companies, financial institutions, and service providers to manage user access rights, protect confidential information, and maintain system security. It should be tailored to specific use cases while ensuring compliance with Hong Kong's legal framework and business practices.

What sections should be included in a Authorized User Agreement?

1. Parties: Identifies the service provider and the authorized user, including their legal status and contact details

2. Background: Explains the context of the agreement and the service or system to which access is being granted

3. Definitions: Defines key terms used throughout the agreement, including 'Authorized User', 'Services', 'System', 'Confidential Information'

4. Grant of Access: Specifies the scope of access rights granted to the user and any restrictions

5. User Obligations: Details the user's responsibilities, including security measures, password protection, and acceptable use policies

6. Data Protection and Privacy: Addresses compliance with Hong Kong's Personal Data (Privacy) Ordinance and data handling requirements

7. Security Requirements: Specifies security protocols, password policies, and measures to prevent unauthorized access

8. Intellectual Property Rights: Clarifies ownership of intellectual property and restrictions on use

9. Confidentiality: Sets out obligations regarding confidential information handling

10. Term and Termination: Specifies duration of access rights and circumstances for termination

11. Liability and Indemnification: Addresses limitation of liability and user indemnification obligations

12. General Provisions: Includes standard clauses on notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Authorized User Agreement?

1. Payment Terms: Include when access requires payment or subscription fees

2. Service Level Agreement: Include when specific service levels or system availability guarantees are provided

3. Audit Rights: Include for high-security environments requiring user activity monitoring

4. Third-Party Access: Include when users may need to grant access to their subordinates or contractors

5. Data Processing Agreement: Include when extensive personal data processing is involved

6. Business Continuity: Include for critical systems requiring disaster recovery provisions

7. Export Control: Include when system access involves cross-border data transfers

What schedules should be included in a Authorized User Agreement?

1. Acceptable Use Policy: Detailed rules and guidelines for system usage

2. Security Protocols: Specific security measures and procedures users must follow

3. Fee Schedule: Breakdown of any applicable fees and payment terms

4. Technical Requirements: Minimum technical specifications for system access

5. User Registration Form: Template for collecting authorized user information

6. Privacy Policy: Detailed privacy practices and data handling procedures

7. Incident Response Procedures: Steps to follow in case of security incidents or breaches

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

User Agreement

Cost

Free to use

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