This Confidentiality and Non-Solicitation Agreement is designed for use in business relationships where sensitive information needs to be shared and business relationships need protection under Hong Kong law. It is particularly relevant in scenarios involving business negotiations, employment relationships, contractor engagements, or potential partnerships. The agreement combines robust confidentiality provisions that protect proprietary information, trade secrets, and business data with non-solicitation clauses that prevent the poaching of employees, customers, and business relationships. It includes specific provisions to ensure compliance with Hong Kong's Personal Data (Privacy) Ordinance and considers the enforceability requirements under Hong Kong contract law and employment legislation.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Prohibited Activities', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding the protection, use, and disclosure of confidential information
5. Non-Solicitation Covenants: Specifies restrictions on soliciting employees, customers, or business relationships
6. Duration: Specifies the term of the agreement and survival of obligations
7. Return of Confidential Information: Requirements for returning or destroying confidential information
8. Breach and Remedies: Outlines consequences of breach and available remedies
9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Security Measures: Specific technical and organizational measures required for protecting confidential information, used when dealing with sensitive technical or digital information
2. Third Party Disclosure: Provisions for allowing disclosure to specific third parties under controlled conditions, included when third-party access is anticipated
3. Intellectual Property Rights: Specific provisions relating to IP ownership and usage, included when confidential information includes IP elements
4. Non-Competition: Additional restrictions on competitive activities, included when broader protection is required
5. Data Privacy Compliance: Specific obligations regarding personal data handling, included when confidential information includes personal data
6. Audit Rights: Rights to audit compliance with confidentiality obligations, included for high-risk or regulated industries
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Restricted Customers: List of customers covered by non-solicitation provisions
3. Schedule 3 - Restricted Employees: Categories or list of employees covered by non-solicitation provisions
4. Schedule 4 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Schedule 5 - Approved Third Party Recipients: List of pre-approved third parties who may receive confidential information
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