The Confidentiality Non Disclosure Agreement (NDA) is a critical legal document used in Hong Kong business contexts to protect confidential and proprietary information shared between parties. It is commonly employed before entering into business discussions, during due diligence processes, in employment relationships, or when engaging with contractors and service providers. The agreement defines what constitutes confidential information, establishes clear obligations for its protection, and provides legal recourse under Hong Kong law if breached. This document is essential in Hong Kong's dynamic business environment, where intellectual property protection and data privacy are paramount concerns, particularly in international business transactions and cross-border relationships. The agreement aligns with Hong Kong's common law system and relevant statutory requirements, making it suitable for both local and international business arrangements involving Hong Kong entities.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specified circumstances under which confidential information may be used or disclosed
7. Security Measures: Required measures to protect and safeguard confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Personal Data Protection: Additional provisions when confidential information includes personal data subject to the PDPO
2. Non-Solicitation: Restrictions on soliciting employees or customers, used when business relationships are involved
3. Non-Competition: Restrictions on competitive activities, included when sharing sensitive business information
4. Intellectual Property Rights: Provisions clarifying ownership and rights in any IP disclosed or created
5. Export Control: Compliance with export control laws, used when information may be subject to international transfer restrictions
6. Group Company Rights: Extensions of rights to affiliated companies, used for corporate group structures
7. Residual Knowledge: Provisions addressing use of non-confidential general knowledge retained by recipients
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Permitted Purpose: Detailed description of the specific purpose(s) for which confidential information may be used
4. Schedule 4 - Security Protocols: Specific security measures and protocols required for protecting confidential information
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
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