This Non-Compete Non-Disclosure Agreement is designed for use in Hong Kong business relationships where protection of confidential information and prevention of competitive activities are crucial. It is commonly used in employment relationships, business partnerships, contractor engagements, and other commercial arrangements where sensitive information is shared. The agreement incorporates Hong Kong's legal requirements regarding restraint of trade, ensuring that non-compete provisions are reasonable in scope, duration, and geographical coverage. It includes comprehensive confidentiality provisions compliant with Hong Kong's data privacy laws, defining protected information, permitted uses, and handling requirements. The document is particularly valuable when engaging key employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat.
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1. Parties: Identifies and defines the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activities', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding handling and protecting confidential information
5. Non-Compete Obligations: Specifies the restrictions on competitive activities, including scope, duration, and geographical limitations
6. Duration and Term: Specifies the period during which the obligations remain in force
7. Return of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
8. Breach and Remedies: Outlines the consequences of breach and available remedies
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and execution formalities
1. Permitted Disclosures: Specifies circumstances where disclosure of confidential information is permitted, used when there are specific exceptions needed
2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, included when business relationships need additional protection
3. Assignment and Succession: Provisions regarding the transfer of rights and obligations, included when assignment rights are important
4. Severability: Provisions for maintaining validity if parts are found unenforceable, particularly important in jurisdictions strictly scrutinizing non-compete provisions
5. Independent Contractor Relationship: Clarifies the relationship between parties, used when the agreement is not part of an employment relationship
6. Survival: Specifies which provisions survive termination, used when certain obligations need to extend beyond the agreement's term
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Restricted Territory: Detailed description or map of the geographical area covered by non-compete restrictions
3. Schedule 3 - Restricted Business Activities: Detailed list of specific business activities covered by the non-compete provisions
4. Schedule 4 - Restricted Clients/Customers: List of specific clients or customers covered by non-solicitation provisions (if applicable)
5. Schedule 5 - Permitted Recipients: List of individuals or entities authorized to receive confidential information
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