This Confidentiality Agreement Financial Information is essential for businesses operating in Hong Kong's financial sector where sensitive financial data needs to be shared between parties. It is particularly relevant for situations involving due diligence, financial transactions, investment analysis, or other scenarios requiring the disclosure of confidential financial information. The document is structured to comply with Hong Kong's regulatory framework, including financial sector regulations and data privacy laws. It includes specific provisions for handling financial information, regulatory disclosure requirements, and enforcement mechanisms under Hong Kong law. This agreement is commonly used in merger and acquisition transactions, investment deals, financial advisory services, and other situations where financial information needs to be protected while enabling necessary business operations.
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1. Parties: Identification of the disclosing and receiving parties, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing financial information
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Authorized Personnel', 'Permitted Purpose'
4. Scope of Confidential Information: Specific description of covered financial information, including derived information and exceptions
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Security Measures: Required security protocols and measures for protecting financial information
7. Permitted Disclosures: Circumstances under which disclosure is permitted, including to regulators and professional advisors
8. Return or Destruction: Requirements for handling confidential information upon termination or request
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. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions
1. Regulatory Compliance: Additional provisions for regulated entities under Hong Kong financial regulations
2. Data Privacy Compliance: Specific provisions when personal data is involved, addressing PDPO requirements
3. Internal Controls: Detailed internal control requirements for handling financial information
4. Audit Rights: Rights to audit compliance with confidentiality obligations
5. Insurance Requirements: Obligations to maintain specific insurance coverage
6. Business Continuity: Provisions for ensuring continued protection during business disruptions
7. Assignment and Subcontracting: Rights and restrictions regarding assignment and use of subcontractors
1. Schedule 1 - Specified Financial Information: Detailed list and description of covered financial information
2. Schedule 2 - Security Protocols: Specific security measures and protocols to be implemented
3. Schedule 3 - Authorized Personnel: List of authorized personnel or roles permitted to access the information
4. Schedule 4 - Required Notifications: Contact details and procedures for required notifications
5. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting financial information
6. Appendix B - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
FinTech
Professional Services
Consulting
Asset Management
Private Equity
Venture Capital
Corporate Finance
Capital Markets
Wealth Management
Financial Technology
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Investment
Audit
Due Diligence
Business Development
Corporate Finance
Information Security
Data Protection
Operations
Relevant Roles
Chief Financial Officer
Financial Controller
Investment Banker
Financial Analyst
Due Diligence Specialist
Compliance Officer
Risk Manager
Investment Manager
Financial Advisor
Corporate Lawyer
Investment Director
Treasury Manager
Audit Manager
Business Development Director
Portfolio Manager
M&A Director
Private Equity Associate
Corporate Finance Manager
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