This NDA For Contractors is specifically designed for use in Hong Kong business environments where companies need to share confidential information with independent contractors while maintaining legal protection. It should be used whenever engaging contractors who will have access to sensitive business information, intellectual property, trade secrets, or other confidential materials. The document incorporates requirements under Hong Kong law, including relevant provisions of the Personal Data (Privacy) Ordinance and common law principles regarding confidentiality. It establishes clear obligations for contractors regarding the use, protection, and eventual return or destruction of confidential information, while being sufficiently flexible to accommodate various types of contractor engagements and industry-specific requirements.
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1. Parties: Identifies the parties to the agreement - typically the company (Disclosing Party) and the contractor (Receiving Party)
2. Background: Sets out the context of the agreement, including the nature of the contractor relationship and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Clearly delineates what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and the process for such disclosure
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Section addressing ownership and protection of IP rights when contractor work involves creation or access to IP
2. Data Protection Compliance: Additional provisions when confidential information includes personal data subject to privacy laws
3. Non-Competition: Restrictions on competitive activities during and after the engagement, if applicable
4. Specific Security Measures: Detailed security protocols for highly sensitive information or regulated industries
5. Third Party Rights: Provisions regarding rights of third parties under Hong Kong's Contracts (Rights of Third Parties) Ordinance
6. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration options
1. Schedule 1 - Categories of Confidential Information: Detailed list or description of the types of confidential information covered
2. Schedule 2 - Approved Security Protocols: Specific security measures and procedures for handling confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Appendix A - Form of Acknowledgment: Template for contractor acknowledgment of receiving and understanding the NDA
5. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information
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