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.
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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
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
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
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
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