The Non-Disclosure Agreement For Service Provider is essential when businesses in Hong Kong engage external service providers who require access to confidential information to perform their services. This document is particularly relevant in today's business environment where companies regularly outsource specialized functions while needing to protect their proprietary information, trade secrets, and sensitive data. The agreement is drafted in compliance with Hong Kong law, including considerations for data privacy, intellectual property protection, and common law principles of confidentiality. It serves as a crucial legal safeguard, establishing clear obligations and responsibilities for service providers handling confidential information, while providing remedies under Hong Kong jurisdiction in case of breach.
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1. Parties: Identification of the disclosing party (typically the business) and receiving party (the service provider), including full legal names and registered addresses
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit obligations regarding its protection
5. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including to authorized representatives
6. Standard of Care: Level of care required in protecting confidential information and specific security measures to be implemented
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Specific provisions clarifying ownership and protection of intellectual property, used when confidential information includes IP
2. Data Privacy Compliance: Additional provisions for compliance with PDPO when personal data is involved
3. Non-Solicitation: Restrictions on soliciting employees or customers, used when there's direct exposure to key personnel or clients
4. Limited License: Terms for limited use of proprietary information or technology, included when specific usage rights need to be granted
5. Export Control: Compliance with export control laws, used when dealing with regulated technologies or international transfers
6. Competitive Activities: Restrictions on competitive activities, included when service provider works with competitors
7. Information Security Requirements: Specific technical and organizational security measures, used for highly sensitive information or regulated industries
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Form of Representative Undertaking: Template for additional confidentiality undertakings by representatives
5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Retail
Telecommunications
Real Estate
Education
Research and Development
Media and Entertainment
Consulting
Legal Services
Biotechnology
Energy
Relevant Teams
Legal
Procurement
Vendor Management
Information Technology
Human Resources
Operations
Risk Management
Compliance
Information Security
Research and Development
Business Development
Finance
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Procurement Manager
Vendor Management Officer
Contract Manager
Chief Information Officer
Chief Technology Officer
Project Manager
Human Resources Director
Operations Manager
Risk Management Officer
Compliance Officer
Business Development Manager
Information Security Officer
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