This Confidential NDA template is essential for businesses and individuals operating under Hong Kong law who need to protect sensitive information during business discussions, negotiations, or commercial relationships. The document is particularly relevant when parties need to share trade secrets, proprietary technology, customer data, business plans, or other confidential information. It incorporates specific provisions required under Hong Kong law, including considerations for personal data protection and common law principles of confidentiality. The agreement is commonly used in scenarios such as business negotiations, due diligence processes, service provider engagements, and potential partnerships, where protecting confidential information is crucial for maintaining competitive advantage and ensuring compliance with legal obligations.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Security Measures: Required procedures and safeguards for protecting 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 surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate including governing law, jurisdiction, entire agreement, and variation
1. Data Protection: Additional provisions when confidential information includes personal data subject to the Personal Data (Privacy) Ordinance
2. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses when confidential information includes IP
3. Non-Solicitation: Optional restrictions on soliciting employees or customers, commonly included in business contexts
4. Export Control: Required when confidential information may be subject to export control regulations
5. Reverse Engineering: Specific prohibitions on reverse engineering when technical information is involved
6. Competition Law Compliance: Required when parties are competitors or information sharing could raise competition law concerns
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting the confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
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