Settlement NDA for Hong Kong

Settlement NDA Template for Hong Kong

A Hong Kong-governed Settlement NDA is a comprehensive legal document that combines settlement terms with confidentiality obligations, structured under Hong Kong law. It serves the dual purpose of documenting the resolution of a dispute while ensuring all settlement terms and related information remain confidential. The document incorporates specific provisions required under Hong Kong legislation, including compliance with the Personal Data (Privacy) Ordinance and relevant common law principles governing confidentiality and contract formation. It provides mechanisms for enforcement under Hong Kong jurisdiction and includes necessary safeguards for protecting sensitive information while ensuring the settlement terms are properly documented and binding.

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What is a Settlement NDA?

The Settlement NDA is a crucial document used in Hong Kong business and legal practice when parties wish to resolve disputes while maintaining confidentiality of both the settlement terms and any sensitive information exchanged during the settlement process. This document type is particularly relevant in commercial disputes, employment matters, or any situation where parties need to document their settlement while ensuring sensitive information, including the settlement terms themselves, remains confidential. The agreement must comply with Hong Kong law, including the Personal Data (Privacy) Ordinance, contract law principles, and common law confidentiality requirements. It typically includes detailed provisions on settlement terms, confidentiality obligations, enforcement mechanisms, and permitted disclosures, making it suitable for complex commercial resolutions that require robust confidentiality protection.

What sections should be included in a Settlement NDA?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the dispute or circumstances leading to the settlement and need for confidentiality

3. Definitions: Key terms used throughout the agreement, including definition of confidential information

4. Settlement Terms: Core settlement provisions including payment terms, releases, and timing

5. Confidentiality Obligations: Detailed obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Return or Destruction of Confidential Information: Requirements for handling confidential materials after the settlement

8. Non-Disparagement: Mutual obligations to refrain from making negative statements about other parties

9. Enforcement and Remedies: Consequences of breach and available remedies

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

What sections are optional to include in a Settlement NDA?

1. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability - used when explicitly requested by settling party

2. Tax Treatment: Provisions regarding tax implications of settlement payments - included when settlement involves significant monetary compensation

3. Insurance and Indemnification: Provisions regarding insurance coverage and indemnification - used when relevant to the underlying dispute

4. Future Cooperation: Terms regarding ongoing obligations between parties - included when parties need to maintain business relationship

5. Public Announcements: Provisions governing public statements about the settlement - important for high-profile cases or listed companies

6. Regulatory Compliance: Specific provisions ensuring compliance with regulatory requirements - needed for regulated industries

7. Third Party Rights: Provisions regarding rights of third parties under the Contract (Rights of Third Parties) Ordinance - used when third party rights need to be explicitly addressed

What schedules should be included in a Settlement NDA?

1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement amounts, payment schedule, and payment methods

2. Schedule 2 - Confidential Information: Specific listing of documents, data, and information covered by confidentiality provisions

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

4. Appendix A - Form of Release: Standard form for the release of claims

5. Appendix B - Confidentiality Acknowledgment: Form to be signed by individuals who will have access to confidential information

6. Appendix C - Destruction Certificate: Template certificate confirming destruction 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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Offer Letter

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Retail

Real Estate

Construction

Education

Insurance

Telecommunications

Media and Entertainment

Energy and Utilities

Logistics and Transportation

Relevant Teams

Legal

Compliance

Human Resources

Finance

Risk Management

Corporate Secretariat

Executive Management

Operations

Commercial

Internal Audit

Information Security

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Human Resources Director

Chief Financial Officer

Risk Manager

Corporate Secretary

Business Unit Director

Settlement Officer

Dispute Resolution Manager

Privacy Officer

Commercial Director

Operations Director

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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