Non Disclosure And Non Solicitation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Disclosure And Non Solicitation Agreement

"I need a Non Disclosure And Non Solicitation Agreement for a Hong Kong technology startup sharing sensitive AI algorithms with a potential investor, with special emphasis on protecting our intellectual property and preventing the solicitation of our technical staff for 24 months."

Document background

The Non-Disclosure and Non-Solicitation Agreement is essential in Hong Kong's business environment where protection of trade secrets and business relationships is paramount. This document is typically used when parties need to share sensitive information during business discussions, partnerships, or employment relationships, while also ensuring protection against poaching of employees or clients. The agreement must comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance, Employment Ordinance, and Competition Ordinance. It's particularly relevant in situations involving potential business partnerships, employment relationships, corporate transactions, or consultancy arrangements where confidential information needs to be shared and business relationships need protection.

Suggested Sections

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 including 'Confidential Information', 'Solicitation', 'Restricted Period' and other important concepts

4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements

5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed

6. Non-Solicitation Covenants: Details restrictions on soliciting employees, customers, or business relationships

7. Duration: Specifies the term of both confidentiality and non-solicitation obligations

8. Return of Confidential Information: Procedures for returning or destroying confidential information

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

10. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and severability

Optional Sections

1. Data Protection: Additional section when confidential information includes personal data under PDPO

2. Intellectual Property Rights: Specific section when confidential information includes IP rights

3. Audit Rights: Optional provision allowing audit of compliance with confidentiality obligations

4. Non-Competition: Additional restrictions on competitive activities, if appropriate

5. Survival: Specific provisions about which obligations survive termination

6. Assignment and Succession: Terms regarding transfer of obligations, particularly relevant for corporate parties

7. Third Party Rights: Provisions under Contracts (Rights of Third Parties) Ordinance

8. Force Majeure: Added when needed for long-term confidentiality obligations

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule 2 - Restricted Entities: List of specific entities covered by non-solicitation provisions

3. Schedule 3 - Security Measures: Required security protocols for handling confidential information

4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive confidential information

5. Appendix A - Confirmation of Compliance: Form for confirming compliance with return/destruction obligations

6. Appendix B - Permitted Purpose: Detailed description of the permitted use of 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Biotechnology

Retail

Real Estate

Education

Media and Entertainment

Telecommunications

Research and Development

Engineering

Construction

Pharmaceuticals

Relevant Teams

Legal

Human Resources

Executive Leadership

Research and Development

Information Technology

Business Development

Sales

Operations

Finance

Procurement

Engineering

Product Development

Strategic Planning

Corporate Communications

Information Security

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Human Resources Director

Legal Counsel

Business Development Manager

Project Manager

Research Scientist

Software Developer

Sales Director

Operations Manager

Management Consultant

Investment Analyst

Product Manager

Strategic Partnership Manager

Procurement Manager

Senior Engineer

Technical Lead

Department Head

Executive Assistant

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Let's create your Non Disclosure And Non Solicitation Agreement

Authors

Alex Denne

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