This One Sided NDA is specifically crafted for use under Hong Kong law when an organization or individual needs to share confidential information with another party while maintaining strict control over its use and disclosure. The document is particularly relevant in business negotiations, potential partnerships, employment discussions, or vendor relationships where proprietary information needs to be shared. It incorporates key elements of Hong Kong's common law system and relevant ordinances, particularly regarding data privacy and trade secrets protection. The agreement is structured to provide robust protection for the disclosing party while remaining practical and enforceable under Hong Kong jurisdiction, making it suitable for both domestic and international business relationships where Hong Kong law governs.
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1. Parties: Identification of the disclosing party and receiving party with their full legal names and registered addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations of the receiving party regarding the protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which the receiving party may disclose confidential information to authorized representatives or as required by law
6. Security Measures: Specific measures the receiving party must implement to protect confidential information
7. Return or Destruction: Requirements for handling confidential information upon termination or request
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Representatives Compliance: Detailed provisions regarding the receiving party's responsibility for its representatives' compliance, used when representatives will have access to confidential information
2. Competitive Activities: Restrictions on competitive activities using the confidential information, included when there's a specific competitive concern
3. Data Privacy Compliance: Specific obligations regarding personal data protection, included when confidential information includes personal data
4. Notice Requirements: Detailed procedures for mandatory disclosures, included when operating in heavily regulated industries
5. Residual Information: Provisions addressing unintentionally retained information, used in technology or complex business contexts
6. Information Security Standards: Specific technical standards for information protection, included for digital or sensitive technical information
1. Description of Confidential Information: Detailed list or categories of information considered confidential
2. Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Notice Details: Contact information and procedures for required notices under the agreement
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Affiliates
Authorized Purpose
Authorized Representatives
Business Day
Confidentiality Period
Derivative Materials
Disclosed Materials
Effective Date
Group Companies
Permitted Disclosees
Personal Data
Project
Representatives
Security Requirements
Trade Secrets
Working Hours
Intellectual Property Rights
Proprietary Information
Confidentiality Obligations
Permitted Use
Related Persons
Term
Disclosing Party
Receiving Party
Affiliates
Authorized Purpose
Authorized Representatives
Business Day
Confidentiality Period
Derivative Materials
Disclosed Materials
Effective Date
Group Companies
Permitted Disclosees
Personal Data
Project
Representatives
Security Requirements
Trade Secrets
Working Hours
Intellectual Property Rights
Proprietary Information
Confidentiality Obligations
Permitted Use
Related Persons
Term
Clauses
Confidentiality
Non-Disclosure
Permitted Use
Information Protection
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Notices
Force Majeure
Variation
Waiver
Data Protection
Intellectual Property
Representatives' Obligations
Non-Disclosure
Permitted Use
Information Protection
Return of Information
Term and Termination
Remedies
Governing Law
Jurisdiction
Entire Agreement
Severability
Assignment
Third Party Rights
Notices
Force Majeure
Variation
Waiver
Data Protection
Intellectual Property
Representatives' Obligations
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Research & Development
Real Estate
Retail
Education
Telecommunications
Biotechnology
Entertainment
Energy
Consulting
E-commerce
Relevant Teams
Legal
Human Resources
Business Development
Research & Development
Procurement
Executive Leadership
Information Technology
Finance
Operations
Sales
Strategy
Compliance
Product Development
Investment
Corporate Communications
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Business Development Manager
Human Resources Director
Legal Counsel
Project Manager
Research Director
Investment Analyst
Procurement Manager
Operations Manager
Product Manager
Sales Director
Strategy Consultant
Technical Lead
Compliance Officer
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