Confidentiality Waiver for Hong Kong

Confidentiality Waiver Template for Hong Kong

A Hong Kong law-governed Confidentiality Waiver is a legal document that permits the disclosure of confidential information that would otherwise be protected under existing confidentiality obligations. It provides a formal mechanism for releasing parties from specific confidentiality commitments while maintaining protection for information not covered by the waiver. The document complies with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and common law principles of confidentiality, and typically includes detailed provisions on the scope of permitted disclosure, recipient obligations, and continuing confidentiality requirements.

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What is a Confidentiality Waiver?

The Confidentiality Waiver is essential in situations where parties need to share information that is subject to existing confidentiality obligations, such as during due diligence processes, regulatory investigations, or corporate transactions. This document, governed by Hong Kong law, provides a structured framework for managing the controlled release of confidential information while maintaining appropriate protections. It typically specifies the scope of permitted disclosure, identifies authorized recipients, and outlines any continuing obligations. The waiver must comply with Hong Kong's legal requirements, including the Personal Data (Privacy) Ordinance, and may need to address specific regulatory requirements depending on the industry context. It's particularly important in regulated sectors where information sharing must be carefully documented and controlled.

What sections should be included in a Confidentiality Waiver?

1. Parties: Identification of the party granting the waiver (Disclosing Party) and the party receiving the waiver (Receiving Party)

2. Background: Context of the existing confidentiality obligations and the reason for the waiver

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Permitted Recipients'

4. Scope of Waiver: Specific confidential information covered by the waiver and extent of permitted disclosure

5. Permitted Recipients: Identification of who may receive the confidential information under this waiver

6. Continuing Obligations: Specification of any confidentiality obligations that remain in effect

7. Indemnity: Protection against claims arising from the permitted disclosure

8. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

What sections are optional to include in a Confidentiality Waiver?

1. Duration: Include when the waiver is time-limited rather than permanent

2. Regulatory Compliance: Include when the waiver is required for specific regulatory or legal compliance

3. Return of Information: Include when there are requirements for handling the confidential information after the permitted disclosure

4. Third Party Rights: Include when the waiver affects rights of parties not directly involved in the agreement

5. Specific Industry Requirements: Include when the waiver relates to regulated industries (e.g., banking, securities, healthcare)

6. Data Privacy Compliance: Include when personal data under the PDPO is involved in the waiver

What schedules should be included in a Confidentiality Waiver?

1. Schedule 1 - Specified Confidential Information: Detailed list or description of the confidential information covered by the waiver

2. Schedule 2 - Permitted Recipients: Detailed list of individuals, entities, or categories of persons authorized to receive the confidential information

3. Schedule 3 - Permitted Purpose: Detailed description of the specific purposes for which the confidential information may be used or disclosed

4. Appendix A - Form of Recipient Undertaking: Standard form for Permitted Recipients to acknowledge their obligations regarding the confidential information

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

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What is a Confidentiality Waiver?

What sections should be included in a Confidentiality Waiver?

What sections are optional to include in a Confidentiality Waiver?

What schedules should be included in a Confidentiality Waiver?

Authors

Alex Denne

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