The Confidentiality Agreement Form is a critical legal instrument used in Hong Kong business contexts to protect sensitive information shared between parties during business discussions, negotiations, or ongoing business relationships. This document is essential when parties need to exchange confidential information such as trade secrets, business plans, customer data, or proprietary technology. Governed by Hong Kong law and incorporating relevant ordinances, including data privacy requirements, the agreement establishes clear obligations for handling confidential information, defines permitted uses, and provides remedies for unauthorized disclosure. It's particularly relevant in commercial transactions, employment relationships, and business partnerships where protection of sensitive information is paramount.
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1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and other important concepts
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights, used when confidential information includes patentable inventions or copyright works
2. Data Protection Compliance: Additional provisions for compliance with PDPO when personal data is involved
3. Employee and Representative Obligations: Specific provisions for ensuring compliance by employees and representatives, used in corporate contexts
4. Non-Competition: Restrictions on competitive activities, used when there's risk of business competition
5. Non-Solicitation: Restrictions on soliciting employees or customers, used in business contexts
6. Security Measures: Specific technical and organizational measures required for protecting confidential information, used for sensitive technical or digital information
7. Force Majeure: Provisions for handling confidential information in extraordinary circumstances
8. Publicity and Announcements: Controls on public statements about the relationship, used in commercial contexts
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or representatives who will access confidential information
6. Appendix B - Data Processing Requirements: Specific requirements for handling personal data under PDPO, if applicable
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