The Non-Disclosure Agreement Between Company And Employee is a crucial document for businesses operating in Hong Kong that need to protect their confidential information, trade secrets, and intellectual property. This agreement is particularly important given Hong Kong's position as a global business hub and its robust legal framework for protecting business interests. It should be used when onboarding new employees or updating agreements with existing employees who have access to sensitive company information. The document addresses key aspects of Hong Kong employment law, data privacy requirements, and intellectual property protection, while ensuring enforceability under local jurisdiction. It is designed to protect employers while remaining fair and reasonable to employees, incorporating both common law principles and specific requirements under Hong Kong ordinances.
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1. Parties: Identifies the employer company and the employee who are entering into the agreement
2. Background: Explains the context of the agreement, including the employment relationship and the company's need to protect confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the employment context
5. Employee Obligations: Core confidentiality obligations, including non-use, non-disclosure, and security measures
6. Company's Rights: Company's rights regarding confidential information and monitoring compliance
7. Term and Survival: Duration of confidentiality obligations during and after employment
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Third Party Information: Include when employee may have access to confidential information of company's clients, partners, or suppliers
2. Data Privacy Compliance: Include when confidential information includes personal data under Hong Kong's PDPO
3. International Transfers: Include when employee may need to transfer confidential information outside Hong Kong
4. Post-Employment Restrictions: Include when additional non-compete or non-solicitation provisions are needed
5. Specific Industry Requirements: Include for regulated industries (e.g., financial services, healthcare) with additional confidentiality requirements
6. Intellectual Property Assignment: Include when employee may create IP using confidential information
7. Security Protocols: Include when specific technical or physical security measures are required
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information the employee will have access to
2. Schedule 2 - Security Procedures: Specific security protocols and procedures the employee must follow
3. Schedule 3 - Authorized Disclosure Recipients: List of persons or entities to whom confidential information can be disclosed
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of confidential information
5. Appendix B - Exit Procedures: Procedures for handling confidential information upon employment termination
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