Non Disclosure Agreement Between Two Companies for Hong Kong

Non Disclosure Agreement Between Two Companies Template for Hong Kong

A bilateral Non-Disclosure Agreement (NDA) governed by Hong Kong law, designed for use between two companies engaging in business discussions or potential collaborations. This agreement provides a comprehensive framework for protecting confidential information exchanged between the parties, incorporating Hong Kong's common law principles and statutory requirements. The document includes specific provisions for information handling, security measures, and enforcement mechanisms, while ensuring compliance with Hong Kong's data protection and business regulations.

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What is a Non Disclosure Agreement Between Two Companies?

The Non-Disclosure Agreement Between Two Companies is a crucial legal document used when businesses need to share sensitive information while exploring potential partnerships, joint ventures, or other commercial relationships. This agreement, governed by Hong Kong law, establishes clear obligations and protections for confidential information exchange, incorporating both Hong Kong's common law principles and relevant statutory requirements. It is particularly important in Hong Kong's dynamic business environment, where cross-border transactions and international business relationships are common. The document typically covers various types of confidential information including trade secrets, business plans, technical data, and proprietary information, while providing robust enforcement mechanisms suitable for Hong Kong's legal framework.

What sections should be included in a Non Disclosure Agreement Between Two Companies?

1. Parties: Identification of the two companies entering into the NDA, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the potential business relationship

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

6. Security Measures: Specific measures required to protect confidential information

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

8. Duration and Termination: Term of the agreement and survival of obligations

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

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

What sections are optional to include in a Non Disclosure Agreement Between Two Companies?

1. Non-Solicitation: Prevents parties from soliciting each other's employees or customers, used when there's significant exposure to key personnel or client relationships

2. Non-Competition: Restricts competitive activities during the term of the NDA, used when sharing highly sensitive business information

3. Publicity and Announcements: Controls over public statements about the relationship, used for high-profile companies or sensitive negotiations

4. Data Protection Compliance: Specific obligations regarding personal data handling, used when confidential information includes personal data

5. Intellectual Property Rights: Clarification of IP ownership and rights, used when shared information includes IP or potential IP

6. Export Control: Compliance with export control laws, used when information may be subject to international transfer restrictions

7. Force Majeure: Provisions for unforeseen circumstances, used in long-term NDAs or complex business relationships

What schedules should be included in a Non Disclosure Agreement Between Two Companies?

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing

2. Schedule 2 - Categories of Confidential Information: Specific listing of types of confidential information covered

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Schedule 4 - Security Protocols: Detailed security measures and procedures for handling confidential information

5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations

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

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Retail

Real Estate

Energy

Telecommunications

Media and Entertainment

Biotechnology

Construction

Education

Logistics

Consulting

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Corporate Affairs

Risk Management

Research and Development

Information Technology

Finance

Operations

Strategy

Commercial

Procurement

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Business Development Manager

Chief Financial Officer

Chief Technology Officer

Project Manager

Corporate Secretary

Compliance Officer

Risk Manager

Commercial Director

Head of Strategy

Research Director

Operations Manager

Partnership Manager

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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