This Corporate NDA template is designed for use in business-to-business relationships where confidential information needs to be shared under Hong Kong law. It is particularly suitable for commercial transactions, joint ventures, potential mergers or acquisitions, service provider relationships, and other business arrangements where proprietary information requires protection. The document addresses key requirements under Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and common law principles of confidentiality. It provides comprehensive protection for various types of confidential information, including trade secrets, technical know-how, customer data, financial information, and business strategies. This template is specifically structured to be enforceable in Hong Kong courts and includes provisions for both mandatory compliance with local laws and practical business considerations.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations and standard of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Protection and Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions for compliance with PDPO when confidential information includes personal data
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Non-Competition: Restrictions on competitive activities, if appropriate for the business context
5. Export Control: Provisions for compliance with export control laws when applicable
6. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations
7. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when technical information is involved
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose for which confidential information may be used
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