The Medical Non Disclosure Agreement is essential for organizations handling sensitive healthcare information in Hong Kong's medical sector. It is specifically designed to comply with Hong Kong's Personal Data (Privacy) Ordinance, the Medical Registration Ordinance, and related healthcare privacy regulations. This document should be used whenever parties need to share confidential medical information, including patient records, clinical trial data, medical research findings, or proprietary healthcare procedures. The agreement provides comprehensive protection for sensitive medical data while ensuring compliance with Hong Kong's strict medical privacy requirements and professional standards in the healthcare industry.
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1. Parties: Identification of the disclosing party (typically healthcare provider, medical facility, or practitioner) and receiving party, including their legal status and principal business addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing medical information
3. Definitions: Key terms including 'Confidential Information', 'Medical Data', 'Personal Data', 'Authorized Personnel', and other relevant definitions specific to medical context
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing medical records, patient data, treatment protocols, and other healthcare-related information
5. Compliance with Privacy Laws: Specific obligations regarding compliance with Hong Kong's Personal Data (Privacy) Ordinance and other relevant healthcare data protection laws
6. Obligations of Receiving Party: Detailed confidentiality obligations, including storage, handling, and protection of medical information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and medical emergencies
8. Security Measures: Required security protocols for protecting medical data, including both physical and electronic safeguards
9. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon agreement termination
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies, including specific provisions for medical data breaches
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Third Party Access: Used when third parties (such as IT providers or consultants) may need access to the confidential information
2. International Data Transfer: Required when medical data may be transferred outside of Hong Kong
3. Research and Publication Rights: Needed when the confidential information may be used for medical research or academic publications
4. Insurance Requirements: Specific insurance obligations for handling medical data, used when dealing with high-risk or sensitive medical information
5. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance, particularly relevant for long-term or high-volume medical data sharing
6. Data Breach Notification Protocol: Detailed procedures for handling and reporting data breaches, recommended for agreements involving large volumes of medical data
1. Schedule 1: Categories of Confidential Information: Detailed list of types of medical and health-related information covered by the agreement
2. Schedule 2: Authorized Personnel: List of individuals or roles authorized to access the confidential information
3. Schedule 3: Security Protocols: Detailed technical and organizational security measures required for protecting the confidential information
4. Schedule 4: Data Handling Procedures: Specific procedures for handling different types of medical data and records
5. Appendix A: Confidentiality Acknowledgment Form: Form to be signed by individual employees or contractors who will have access to the confidential information
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Pharmaceuticals
Biotechnology
Medical Devices
Healthcare IT
Medical Research
Clinical Trials
Healthcare Insurance
Medical Education
Healthcare Consulting
Laboratory Services
Digital Health
Relevant Teams
Legal
Compliance
Medical Affairs
Research & Development
Clinical Operations
Data Protection
Information Security
Quality Assurance
Regulatory Affairs
Medical Records
Healthcare Operations
Information Technology
Clinical Research
Product Development
Risk Management
Relevant Roles
Medical Director
Chief Medical Officer
Hospital Administrator
Clinical Research Coordinator
Healthcare Data Manager
Medical Research Scientist
Healthcare Compliance Officer
Medical Information Officer
Clinical Trial Manager
Medical Technology Director
Healthcare Privacy Officer
Medical Records Administrator
Healthcare IT Manager
Medical Practice Manager
Research and Development Director
Medical Device Engineer
Healthcare Quality Assurance Manager
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