This Non Disclosure Agreement (Insurance) is essential for protecting confidential information in Hong Kong's insurance sector. It is commonly used when insurance companies, brokers, or service providers need to share sensitive information such as underwriting data, claims history, actuarial models, or customer information. The document ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance, Insurance Ordinance, and related regulations. It's particularly relevant when entering into new business relationships, during due diligence processes, or when engaging third-party service providers. The agreement includes specific provisions for insurance sector requirements, data protection standards, and regulatory compliance obligations unique to Hong Kong's insurance industry.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the relationship between parties and purpose of sharing confidential information in the insurance context
3. Definitions: Key terms including 'Confidential Information', 'Insurance Business', 'Personal Data', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the insurance context, including customer data, policy details, pricing models, and business strategies
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including regulatory requirements and legal obligations
7. Data Protection and Security: Specific measures required to protect confidential information and comply with Hong Kong's data protection laws
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and provisions that continue after termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability
1. Regulatory Compliance: Additional provisions for regulatory compliance when dealing with regulated insurance entities or specific insurance products
2. Third Party Rights: Provisions under the Contracts (Rights of Third Parties) Ordinance, relevant if third party rights need to be explicitly included or excluded
3. Non-Solicitation: Restrictions on soliciting employees or customers, relevant when sharing sensitive business information
4. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes proprietary insurance products or technologies
5. International Data Transfers: Additional provisions when confidential information may be transferred outside Hong Kong
6. Force Majeure: Provisions for unexpected events affecting ability to protect confidential information
7. Insurance and Indemnity: Additional protection requiring insurance coverage or indemnification for breach of confidentiality
1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Data Processing Requirements: Detailed requirements for processing personal data in compliance with Hong Kong law
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or employees who will have access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Insurance
Financial Services
Healthcare
Technology
Professional Services
Risk Management
Consulting
Banking
Asset Management
Legal Services
Regulatory Compliance
Data Protection
Relevant Teams
Legal
Compliance
Risk Management
Underwriting
Claims
Actuarial
Information Technology
Data Protection
Operations
Business Development
Product Development
Partner Relations
Procurement
Information Security
Relevant Roles
Chief Risk Officer
Compliance Officer
Legal Counsel
Insurance Underwriter
Claims Manager
Actuarial Manager
Business Development Director
Operations Manager
Data Protection Officer
IT Security Manager
Insurance Broker
Product Development Manager
Reinsurance Manager
Chief Information Officer
Risk Analyst
Insurance Agent
Partnership Manager
Procurement Manager
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