Confidentiality And Impartiality Agreement for Hong Kong

Confidentiality And Impartiality Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that combines confidentiality obligations with impartiality requirements. This document establishes binding obligations for maintaining the confidentiality of sensitive information while ensuring the receiving party maintains objectivity and avoids conflicts of interest. It incorporates specific provisions aligned with Hong Kong's Personal Data (Privacy) Ordinance and common law principles of confidentiality, providing robust protection for business secrets and sensitive information while ensuring fair and unbiased conduct.

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What is a Confidentiality And Impartiality Agreement?

The Confidentiality and Impartiality Agreement is essential in situations where parties need to protect sensitive information while ensuring unbiased and objective conduct, particularly in Hong Kong's business and professional environment. This document is commonly used when engaging professionals, consultants, or service providers who will have access to confidential information and need to maintain independence in their decision-making or service provision. The agreement combines standard confidentiality provisions with specific impartiality requirements, addressing both the protection of sensitive information and the need for objective, unbiased conduct. It incorporates Hong Kong legal requirements, including compliance with the Personal Data (Privacy) Ordinance and relevant common law principles, making it suitable for use in various professional and business contexts within Hong Kong's jurisdiction.

What sections should be included in a Confidentiality And Impartiality Agreement?

1. Parties: Identifies and defines all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms including 'Confidential Information', 'Impartiality', and other relevant terms

4. Confidentiality Obligations: Details the core obligations regarding confidential information, including use, storage, and disclosure restrictions

5. Impartiality Requirements: Specifies the requirements for maintaining impartiality and avoiding conflicts of interest

6. Security Measures: Outlines required security measures for protecting confidential information

7. Duration and Survival: Specifies the term of the agreement and which obligations survive termination

8. Return or Destruction of Information: Procedures for handling confidential information upon termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Confidentiality And Impartiality Agreement?

1. Third Party Disclosure: Required when confidential information may need to be shared with authorized third parties

2. Employee Obligations: Include when the agreement covers employees or contractors

3. Data Protection: Required when personal data is involved, ensuring compliance with PDPO

4. Industry-Specific Requirements: Include for regulated industries with specific confidentiality requirements

5. Intellectual Property Rights: Include when confidential information includes IP rights

6. Non-Competition: Optional section for preventing competitive activities

7. Audit Rights: Include when regular auditing of compliance is required

What schedules should be included in a Confidentiality And Impartiality Agreement?

1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential

2. Schedule 2 - Security Protocols: Specific security measures and procedures to be followed

3. Schedule 3 - Authorized Personnel: List of individuals authorized to access confidential information

4. Schedule 4 - Disclosure Procedures: Step-by-step procedures for authorized disclosures

5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties

6. Appendix B - Incident Reporting Form: Template for reporting confidentiality breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Professional Services

Legal Services

Healthcare

Technology

Manufacturing

Research and Development

Education

Government and Public Sector

Telecommunications

Banking

Insurance

Consulting

Pharmaceuticals

Alternative Dispute Resolution

Relevant Teams

Legal

Compliance

Human Resources

Information Technology

Research and Development

Finance

Risk Management

Internal Audit

Operations

Project Management

Executive Leadership

Information Security

Corporate Governance

Strategy and Planning

Procurement

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Board Director

Compliance Officer

Legal Counsel

External Auditor

Management Consultant

HR Director

IT Security Manager

Project Manager

Research Analyst

Investment Advisor

Risk Manager

Department Head

Technical Consultant

Independent Expert

Mediator

Arbitrator

Financial Advisor

Strategic Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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