The Bilateral NDA is a fundamental business document used when two parties need to share sensitive information while ensuring legal protection under Hong Kong law. This document is essential for business negotiations, partnerships, potential investments, or any situation requiring the exchange of confidential information. It's particularly relevant given Hong Kong's position as an international business center, where cross-border transactions and business relationships are common. The agreement typically covers various types of confidential information including trade secrets, business plans, technical data, and personal data (subject to the Personal Data (Privacy) Ordinance), while providing clear mechanisms for enforcement through Hong Kong courts. The bilateral nature ensures both parties have equal obligations and protections when sharing sensitive information.
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1. Parties: Identification of both parties entering into the NDA, including full legal names and registered addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Protection and Security Measures: Required measures to protect confidential information from unauthorized access or disclosure
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
12. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when confidential information includes IP - useful when sharing technical information or trade secrets
2. Data Protection Compliance: Additional provisions for compliance with PDPO when confidential information includes personal data
3. Non-Solicitation: Restrictions on soliciting employees or customers - relevant when parties have access to sensitive business relationships
4. Non-Competition: Restrictions on competitive activities - use with caution as may affect enforceability
5. Export Control: Compliance with export control laws - necessary when dealing with regulated technologies or international transfers
6. Force Majeure: Provisions for unforeseen circumstances - relevant for longer-term NDAs or specific industry requirements
7. Representatives' Undertaking: Additional obligations for representatives accessing confidential information - useful for higher risk situations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose and scope of use
5. Appendix A - Form of Representative Undertaking: Template undertaking to be signed by representatives accessing confidential information
Relevant legal definitions
Affiliate
Agreement
Authorized Representatives
Business Day
Business Hours
Confidential Information
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Personal Data
Pre-existing Information
Receiving Party
Representatives
Related Persons
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Agreement
Authorized Representatives
Business Day
Business Hours
Confidential Information
Disclosing Party
Effective Date
Group
Intellectual Property Rights
Notice
Parties
Permitted Purpose
Personal Data
Pre-existing Information
Receiving Party
Representatives
Related Persons
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Working Hours
Clauses
Confidentiality
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return of Information
Term and Termination
Survival
Remedies
Indemnification
Notices
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Counterparts
Further Assurance
Costs
Waiver
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return of Information
Term and Termination
Survival
Remedies
Indemnification
Notices
Assignment
Variation
Severability
Entire Agreement
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Counterparts
Further Assurance
Costs
Waiver
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Research & Development
Education
Real Estate
Retail
Telecommunications
Media & Entertainment
Biotechnology
Energy
Consumer Goods
Consulting
Relevant Teams
Legal
Human Resources
Business Development
Research and Development
Executive Leadership
Finance
Operations
Information Technology
Sales
Procurement
Strategy
Marketing
Product Development
Compliance
Innovation
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Investment Manager
HR Director
Operations Manager
Procurement Manager
Strategy Consultant
Product Manager
Sales Director
Partnership Manager
Compliance Officer
Innovation Director
Technical Lead
Managing Director
Commercial Director
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