The Non Disclosure Agreement Property is essential for protecting confidential information in Hong Kong's dynamic real estate market. This document is typically used when parties need to share sensitive information during property transactions, development projects, or investment discussions. It covers various types of confidential information including property valuations, development plans, financial projections, tenant information, and commercial strategies. The agreement is specifically tailored to comply with Hong Kong law and addresses unique aspects of property transactions in this jurisdiction. It's particularly important given Hong Kong's position as a major real estate hub, where high-value property transactions and developments require robust confidentiality protections. The document incorporates necessary safeguards while facilitating due diligence processes and commercial negotiations.
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1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, including the property-related purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information' in the property context
4. Scope of Confidential Information: Specific details of what constitutes confidential information relating to the property, including documents, plans, financial information, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including use, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends
9. Breach and Remedies: Consequences of breaching the agreement, including available remedies
10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Security Measures: Specific security protocols for protecting confidential information, recommended for high-value properties or sensitive developments
2. Data Privacy Compliance: Additional provisions for compliance with PDPO when personal data is involved
3. Third Party Rights: Provisions regarding rights of third parties under the Contracts (Rights of Third Parties) Ordinance
4. Non-Solicitation: Restrictions on soliciting employees or clients, useful when sharing business-related property information
5. Intellectual Property Rights: Provisions protecting IP rights related to the property, needed when designs, plans, or proprietary information is involved
6. Assignment: Rights and restrictions regarding assignment of the agreement, important for corporate property transactions
1. Schedule 1 - Description of Property: Detailed description of the property or properties covered by the NDA
2. Schedule 2 - Authorised Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template undertaking for authorized recipients to sign
5. Appendix B - Document Return Form: Template form for recording return or destruction of confidential information
Relevant legal definitions
Confidential Information
Property
Permitted Purpose
Authorised Recipients
Affiliates
Representatives
Disclosing Party
Receiving Party
Permitted Disclosure
Material Breach
Business Day
Confidentiality Undertaking
Proprietary Information
Security Requirements
Due Diligence Materials
Property Documents
Development Plans
Transaction
Valuation Information
Financial Information
Project
Intellectual Property Rights
Personal Data
Property Rights
Related Persons
Secure Storage System
Sensitive Information
Term
Working Hours
Completion Date
Disclosure Period
Excluded Information
Group
Property Information
Site
Termination Date
Trade Secrets
Undertaking
Confidential Documents
Data Room
Professional Advisers
Property
Permitted Purpose
Authorised Recipients
Affiliates
Representatives
Disclosing Party
Receiving Party
Permitted Disclosure
Material Breach
Business Day
Confidentiality Undertaking
Proprietary Information
Security Requirements
Due Diligence Materials
Property Documents
Development Plans
Transaction
Valuation Information
Financial Information
Project
Intellectual Property Rights
Personal Data
Property Rights
Related Persons
Secure Storage System
Sensitive Information
Term
Working Hours
Completion Date
Disclosure Period
Excluded Information
Group
Property Information
Site
Termination Date
Trade Secrets
Undertaking
Confidential Documents
Data Room
Professional Advisers
Clauses
Interpretation
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Property Access
Information Security
Data Protection
Return of Information
Destruction of Information
Term and Duration
Survival
Breach
Remedies
Indemnification
Property Rights Protection
Intellectual Property
Third Party Rights
Assignment
Severability
Force Majeure
Notices
Entire Agreement
Amendment
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Property Access
Information Security
Data Protection
Return of Information
Destruction of Information
Term and Duration
Survival
Breach
Remedies
Indemnification
Property Rights Protection
Intellectual Property
Third Party Rights
Assignment
Severability
Force Majeure
Notices
Entire Agreement
Amendment
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Real Estate
Property Development
Construction
Architecture & Design
Financial Services
Investment Management
Property Management
Commercial Real Estate
Residential Real Estate
Industrial Real Estate
Retail Property
Hospitality
Relevant Teams
Legal
Real Estate
Property Development
Investment
Operations
Finance
Project Management
Facilities Management
Risk Management
Compliance
Corporate Development
Business Development
Relevant Roles
Real Estate Director
Property Development Manager
Investment Analyst
Legal Counsel
Property Manager
Asset Manager
Acquisitions Manager
Development Director
Project Manager
Real Estate Consultant
Investment Director
Facilities Manager
Property Valuation Specialist
Real Estate Investment Manager
Construction Manager
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