This Development NDA template is specifically crafted for use in Hong Kong's technology and development sector, providing a robust framework for protecting confidential information exchanged during development projects. The document is essential when parties need to share sensitive technical information, source code, development methodologies, or proprietary technology during the course of development work. It incorporates specific provisions aligned with Hong Kong's legal requirements, including compliance with the Personal Data (Privacy) Ordinance and intellectual property laws. This NDA Development agreement is particularly valuable for software development, system integration, API development, and other technical projects where protection of technical know-how and development assets is crucial. The document includes specific provisions for handling technical documentation, source code, and development-related intellectual property, making it distinct from general-purpose NDAs.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the development project and purpose of sharing confidential information
3. Definitions: Definitions of key terms including Confidential Information, Development Project, Permitted Purpose, Representatives
4. Scope of Confidentiality: Details of what constitutes confidential information in the development context
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Information Security: Specific measures required to protect confidential information, particularly important for technical data
8. Intellectual Property: Ownership and rights in relation to confidential information and any developments
9. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
10. Duration and Termination: Term of the agreement and survival of obligations
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with Hong Kong's PDPO when personal data is involved
2. Source Code Protection: Specific provisions for protecting source code and technical documentation
3. Third Party Disclosure: Additional provisions when confidential information needs to be shared with third party developers or contractors
4. Non-Solicitation: Restrictions on soliciting or hiring each other's employees during development
5. Escrow Arrangements: Provisions for source code or sensitive data escrow if required
6. Audit Rights: Rights to audit compliance with confidentiality obligations for high-security projects
7. Insurance Requirements: Obligations to maintain specific insurance coverage for data protection
8. Export Control: Provisions dealing with international transfer of technical data if applicable
1. Schedule 1 - Description of Development Project: Detailed description of the development project and context for confidential information sharing
2. Schedule 2 - Specified Confidential Information: Detailed list or categories of confidential information covered
3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required
4. Schedule 4 - Authorized Representatives: List of authorized representatives who may access confidential information
5. Schedule 5 - Information Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential information
6. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or contractors
7. Appendix B - Data Breach Notification Procedure: Procedure to be followed in case of actual or suspected data breaches
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