The Non-Disclosure Agreement For Subcontractor is essential in today's business environment where companies frequently engage external parties for specialized services while needing to protect their confidential information. This document is specifically designed for use under Hong Kong law, where businesses must comply with both common law principles and statutory requirements regarding confidential information and data protection. The agreement is particularly relevant when engaging subcontractors who will have access to sensitive business information, trade secrets, or proprietary technology. It provides necessary safeguards and clearly defines the obligations regarding the use, storage, and eventual return or destruction of confidential information. The document incorporates Hong Kong's legal requirements while maintaining international best practices for confidentiality protection in subcontractor relationships.
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1. Parties: Identification of the disclosing party (usually the main contractor or company) and receiving party (the subcontractor)
2. Background: Context of the subcontractor relationship and purpose of the NDA
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Subcontractor Services', and other key terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Security Measures: Required measures for protecting confidential information
7. Term and Survival: Duration of the agreement and surviving obligations
8. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses, needed when confidential information includes IP
2. Personal Data Protection: Additional provisions when personal data may be accessed by the subcontractor
3. Subcontractor Personnel: Requirements for subcontractor's employees or further subcontractors, needed when they may have access to confidential information
4. Non-Competition: Restrictions on competitive activities, included when there's a specific competitive risk
5. Non-Solicitation: Restrictions on soliciting employees or clients, included when relevant to the business relationship
6. Insurance Requirements: Specific insurance obligations, needed for high-risk or regulated industries
7. Audit Rights: Right to audit subcontractor's compliance, included for highly sensitive information or regulated industries
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Permitted Purpose: Detailed description of the authorized uses of confidential information
3. Schedule 3 - Security Requirements: Specific security protocols and requirements
4. Schedule 4 - Authorized Representatives: List of authorized personnel who may access confidential information
5. Appendix A - Form of Acknowledgment: Template for subcontractor personnel to acknowledge NDA obligations
6. Appendix B - Data Destruction Certificate: Template for certifying destruction of confidential information
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