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Government Non Disclosure Agreement for Hong Kong

Government Non Disclosure Agreement Template for Hong Kong

A comprehensive non-disclosure agreement designed specifically for use by Hong Kong government entities when sharing confidential information with third parties. This document incorporates requirements from Hong Kong's Official Secrets Ordinance, Personal Data (Privacy) Ordinance, and other relevant legislation. It provides robust protection for government confidential information while ensuring compliance with Hong Kong's legal framework and public administration requirements. The agreement includes specific provisions for handling official information, data security protocols, and government-specific compliance requirements.

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Government Non Disclosure Agreement

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What is a Government Non Disclosure Agreement?

The Government Non Disclosure Agreement is essential for Hong Kong government entities when engaging with external parties who need access to confidential government information. This document is typically used when government departments collaborate with contractors, consultants, or service providers on projects requiring access to sensitive information. It incorporates specific requirements from Hong Kong legislation, including the Official Secrets Ordinance and Personal Data (Privacy) Ordinance, ensuring comprehensive protection of government information. The agreement is designed to maintain government confidentiality while facilitating necessary business operations and project delivery. It includes provisions for data handling, security measures, and compliance requirements specific to the Hong Kong public sector context.

What sections should be included in a Government Non Disclosure Agreement?

1. Parties: Identifies the government department/entity and the receiving party, including their legal status and addresses

2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between the parties

3. Definitions: Defines key terms including 'Confidential Information', 'Government Information', 'Authorized Persons', and other relevant terms

4. Scope of Confidential Information: Clearly defines what constitutes confidential information under the agreement, including government data, official secrets, and sensitive information

5. Obligations of Confidentiality: Details the core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including legal requirements and official authorizations

7. Security Measures: Outlines required security protocols and measures for protecting confidential information

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Duration and Survival: Specifies the term of the agreement and which obligations survive termination

10. Breach and Remedies: Details consequences of breach and available remedies, including reference to Official Secrets Ordinance

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Government Non Disclosure Agreement?

1. Data Privacy Compliance: Additional section required when confidential information includes personal data subject to the Personal Data (Privacy) Ordinance

2. International Transfer Restrictions: Required when the receiving party may need to transfer information outside Hong Kong

3. Government Audit Rights: Optional section granting government rights to audit compliance with the agreement

4. Specific Project References: When the NDA relates to a specific government project or initiative

5. Employee and Subcontractor Obligations: Required when the receiving party needs to share information with employees or subcontractors

6. Official Secrets Declaration: Additional declaration required for highly sensitive government information

What schedules should be included in a Government Non Disclosure Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Personnel: List of individuals authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling confidential information

4. Schedule 4 - Form of Confidentiality Undertaking: Template undertaking to be signed by authorized personnel

5. Appendix A - Contact Details: Contact information for key personnel and notices

6. Appendix B - Information Classification Guide: Government information classification system and handling requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Public Administration

Information Technology

Defense and Security

Healthcare

Infrastructure Development

Education

Financial Services

Transportation

Environmental Services

Urban Planning

Public Utilities

Research and Development

Relevant Teams

Legal

Compliance

Information Security

Government Relations

Procurement

Project Management

Risk Management

IT Operations

Research and Development

Contract Administration

Relevant Roles

Government Project Manager

Procurement Officer

Legal Counsel

Compliance Officer

Information Security Officer

Department Head

Contract Administrator

External Consultant

IT Systems Administrator

Research Director

Project Director

Chief Technology Officer

Risk Manager

Government Relations Manager

Public Sector Partner

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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