The Digital Non Disclosure Agreement is essential in today's digital business environment where sensitive information is increasingly shared and stored electronically. This agreement, governed by Hong Kong law, provides comprehensive protection for confidential information in digital format, including trade secrets, proprietary data, source code, and other sensitive digital assets. It incorporates specific provisions required under Hong Kong's Electronic Transactions Ordinance and Personal Data (Privacy) Ordinance, while addressing modern challenges such as cloud storage, digital transmission, and cybersecurity requirements. The agreement is particularly relevant for technology companies, financial institutions, and any business engaging in digital information exchange, offering robust protection while maintaining compliance with Hong Kong's legal framework.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Digital Materials', 'Authorized Recipients', 'Security Standards'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, especially in digital format
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the information
6. Digital Security Measures: Required security standards for storing and transmitting digital information
7. Term and Termination: Duration of the agreement and termination provisions
8. Return or Destruction of Information: Procedures for returning or destroying digital confidential information
9. Data Privacy Compliance: Obligations regarding personal data handling and privacy law compliance
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Access: Rules for sharing information with authorized third parties, such as cloud service providers or contractors
2. Cross-Border Transfers: Additional provisions for international data transfers and compliance with foreign laws
3. Intellectual Property Rights: Specific provisions protecting IP rights in digital materials
4. Reverse Engineering Prohibition: Specific restrictions on reverse engineering digital products or software
5. Monitoring and Audit Rights: Rights to audit compliance with security measures and usage of digital information
6. Force Majeure: Provisions for cyber incidents or digital infrastructure failures
7. Insurance Requirements: Obligations to maintain cyber insurance or other relevant coverage
1. Schedule 1 - Specified Confidential Information: Detailed list of specific digital materials and information covered
2. Schedule 2 - Authorized Recipients: List of permitted individuals or roles who may access the confidential information
3. Schedule 3 - Security Standards: Technical requirements for digital security measures and protocols
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling, storing, and transmitting digital information
5. Appendix A - Digital Certification Requirements: Requirements for digital signatures and electronic execution
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming proper destruction or return of digital materials
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
E-commerce
Digital Media
Telecommunications
Professional Services
Education
Research & Development
Manufacturing
Retail
Business Services
Information Technology
Biotechnology
Artificial Intelligence
Relevant Teams
Legal
Information Technology
Information Security
Compliance
Research and Development
Product Development
Business Development
Data Protection
Operations
Innovation
Digital Strategy
Risk Management
Corporate Affairs
Human Resources
Executive Leadership
Relevant Roles
Chief Technology Officer
Information Security Manager
Data Protection Officer
Legal Counsel
IT Director
Digital Operations Manager
Software Development Manager
Chief Information Officer
Compliance Officer
Project Manager
Business Development Director
Research Director
Digital Product Manager
Innovation Manager
Systems Administrator
Chief Executive Officer
Chief Financial Officer
Digital Strategy Consultant
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