This NDA Confidentiality Agreement is essential for businesses operating under Hong Kong law who need to protect sensitive information during commercial discussions or relationships. It should be used whenever parties intend to share confidential information such as trade secrets, business plans, technical specifications, or other proprietary data. The document is structured to comply with Hong Kong's legal framework, including common law principles and relevant ordinances such as the Personal Data (Privacy) Ordinance. It provides comprehensive protection while maintaining flexibility for various business contexts, from potential investments to joint ventures and service arrangements. The agreement includes specific provisions for enforcement under Hong Kong jurisdiction and can be customized based on the nature of the confidential information and the business relationship between the parties.
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1. Parties: Identifies and defines the parties entering into the agreement, including their registered addresses and company numbers if applicable
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Information Security Measures: Specific measures required to protect confidential information
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Employee and Representative Obligations: Additional provisions for ensuring employees and representatives comply with confidentiality obligations, used when information will be shared with team members
2. Data Privacy Compliance: Specific provisions addressing compliance with PDPO when personal data is involved
3. International Transfer Provisions: Additional provisions for cross-border information transfers, used when parties are in different jurisdictions
4. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights, used when confidential information includes IP
5. Non-Solicitation: Restrictions on soliciting employees or customers, used in business relationship contexts
6. Non-Competition: Restrictions on competitive activities, used when sharing highly sensitive business information
7. Publicity and Announcements: Controls on public statements about the relationship, used in high-profile or sensitive business relationships
1. Schedule 1 - Specified Confidential Information: Detailed description or categorization of the confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed information security requirements and procedures
4. Schedule 4 - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
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