This NDA Data Protection agreement is specifically designed for use in Hong Kong business environments where parties need to share both confidential information and personal data. It addresses the requirements of Hong Kong's Personal Data (Privacy) Ordinance (PDPO) while maintaining strong confidentiality protections. The document is particularly relevant when businesses engage with service providers, contractors, or partners who will have access to personal data or sensitive business information. It includes specific provisions for data security, processing limitations, and compliance with Hong Kong's data protection principles. This template should be used when there is a need to protect both traditional confidential information and ensure compliance with data privacy regulations, especially in scenarios involving data processing, technology services, or business partnerships where personal data handling is involved.
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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, purpose of sharing confidential information and/or personal data
3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Authorized Personnel, and Data Protection Laws
4. Scope of Confidential Information: Definition and categories of confidential information covered by the agreement
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Data Protection Compliance: Obligations under PDPO and other applicable data protection laws
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Authorized Personnel: Requirements for staff access and confidentiality undertakings
9. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination
10. Term and Termination: Duration of the agreement and termination provisions
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Cross-border Data Transfers: Required when data may be transferred outside Hong Kong, addressing compliance with PDPO requirements
2. Data Breach Notification: Specific procedures for handling and reporting data breaches
3. Audit Rights: Rights to audit compliance with confidentiality and data protection obligations
4. Subcontractor Provisions: Required when the receiving party may need to share information with subcontractors
5. Special Categories of Data: Additional provisions for sensitive personal data or special categories of confidential information
6. Non-solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
7. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information when relevant
1. Categories of Confidential Information: Detailed list of types of confidential information covered
2. Security Requirements: Technical and organizational security measures required
3. Authorized Personnel List: List of individuals or roles authorized to access confidential information
4. Data Processing Details: Nature, purpose, and scope of personal data processing if applicable
5. Form of Confidentiality Undertaking: Template confidentiality agreement for employees/contractors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
E-commerce
Telecommunications
Education
Insurance
Banking
Consulting
Research and Development
Manufacturing
Retail
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Data Protection
Risk Management
Human Resources
Procurement
Operations
Business Development
Research & Development
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Director
Project Manager
HR Director
Procurement Manager
Business Development Manager
Operations Manager
Risk Manager
Information Security Manager
Privacy Manager
Vendor Relations Manager
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