The Deed Of Non-Disclosure is a crucial legal instrument used in Hong Kong business contexts where parties require maximum protection for their confidential information. Unlike standard confidentiality agreements, this deed format provides enhanced enforceability and doesn't require consideration to be binding under Hong Kong law. It's particularly valuable for high-stakes business transactions, sensitive intellectual property matters, and significant commercial relationships where parties need robust protection for their confidential information. The document complies with Hong Kong's Conveyancing and Property Ordinance requirements for deeds and incorporates provisions addressing local data protection regulations.
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1. Parties: Identification of the disclosing party and receiving party, including registered addresses and company numbers
2. Background: Context of the disclosure, relationship between parties, and purpose of the deed
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the deed
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Security Measures: Specific measures required to protect confidential information
7. Duration and Survival: Term of the deed and survival of obligations post-termination
8. Return or Destruction: Obligations regarding return or destruction of confidential information
9. Remedies: Available remedies including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
11. Execution: Formal execution blocks meeting Hong Kong deed requirements
1. Group Company Rights: Include when either party needs to share information with group companies
2. Permitted Disclosures: Include when specific third parties need access to the confidential information
3. Data Protection: Include when personal data is part of the confidential information
4. Regulatory Compliance: Include when specific regulatory requirements apply to the information
5. Non-Solicitation: Include when protection against poaching employees/clients is required
6. Export Control: Include when confidential information is subject to export control regulations
7. Intellectual Property: Include when IP rights need specific protection beyond confidentiality
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive/handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Undertaking: Template undertaking for representatives/third parties who need access
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