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Electronic Non Disclosure Agreement for Hong Kong

Electronic Non Disclosure Agreement Template for Hong Kong

A Hong Kong-governed Electronic Non-Disclosure Agreement (NDA) is a legally binding document that establishes confidentiality obligations between parties, specifically designed to comply with Hong Kong's Electronic Transactions Ordinance and related legislation. This document enables parties to share sensitive information electronically while ensuring legal enforceability and protection under Hong Kong law. It includes provisions for electronic signatures, digital record-keeping, and specific security measures for electronic information handling, while maintaining the traditional protections of a standard NDA.

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What is a Electronic Non Disclosure Agreement?

This Electronic Non Disclosure Agreement is designed for use in situations where parties need to share confidential information electronically in Hong Kong's business environment. It combines traditional NDA protections with specific provisions for electronic transactions and digital information handling, ensuring compliance with Hong Kong's Electronic Transactions Ordinance (Cap. 553) and Personal Data (Privacy) Ordinance (Cap. 486). The document is particularly relevant for modern business relationships where information is primarily shared through digital means, including cloud storage, email, or other electronic platforms. It provides robust protection for various types of confidential information, from trade secrets and proprietary technology to customer data and business strategies, while ensuring the agreement itself can be executed and maintained in electronic form.

What sections should be included in a Electronic Non Disclosure Agreement?

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and 'Electronic Signature'

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

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

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Required security measures for protecting confidential information, including electronic storage requirements

8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request

9. Electronic Execution and Records: Provisions for electronic signature, storage, and transmission of the agreement and confidential information

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

What sections are optional to include in a Electronic Non Disclosure Agreement?

1. Data Protection Compliance: Specific provisions for compliance with PDPO when confidential information includes personal data

2. Third Party Rights: Provisions addressing third party rights under the Contracts (Rights of Third Parties) Ordinance

3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., financial services, healthcare)

4. Cross-Border Transfers: Provisions for handling confidential information across jurisdictions

5. Intellectual Property Rights: Specific provisions protecting IP rights in confidential information

6. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

7. Dispute Resolution: Alternative dispute resolution procedures before court litigation

What schedules should be included in a Electronic Non Disclosure Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Recipients: List of authorized representatives or third parties permitted to receive confidential information

3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required for electronic storage and transmission

4. Schedule 4 - Destruction Procedures: Procedures for secure destruction or return of confidential information, including electronic data

5. Appendix A - Form of Acknowledgment: Template for authorized recipients to acknowledge their confidentiality obligations

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Relevant legal definitions






























Clauses


























Relevant Industries

Technology & Software

Financial Services

Healthcare & Pharmaceuticals

Manufacturing

Professional Services

Research & Development

E-commerce

Telecommunications

Biotechnology

Real Estate

Education

Media & Entertainment

Legal Services

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Human Resources

Research and Development

Business Development

Operations

Procurement

Executive Leadership

Information Security

Data Protection

Corporate Development

Risk Management

Innovation

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Legal Officer

Legal Counsel

Compliance Officer

Business Development Manager

Project Manager

Research Director

IT Security Manager

Human Resources Director

Procurement Manager

Investment Manager

Operations Director

Contract Manager

Innovation Manager

Data Protection Officer

Industries






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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