Small Business Non Disclosure Agreement for Hong Kong

Small Business Non Disclosure Agreement Template for Hong Kong

A comprehensive non-disclosure agreement tailored for small businesses operating in Hong Kong, designed to protect confidential information exchanged during business relationships. This document incorporates Hong Kong legal requirements and common law principles, providing robust protection while remaining accessible for small business use. It includes provisions for data privacy compliance under Hong Kong's Personal Data (Privacy) Ordinance, clear enforcement mechanisms under Hong Kong jurisdiction, and practical confidentiality safeguards suitable for small business operations.

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What is a Small Business Non Disclosure Agreement?

This Small Business Non Disclosure Agreement is essential for protecting confidential information in Hong Kong's dynamic business environment. It serves small businesses engaging with various stakeholders including contractors, suppliers, potential partners, and service providers. The document is structured to comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and relevant commercial legislation. It provides comprehensive protection while remaining accessible and practical for small business operations. This template is particularly valuable when businesses need to share sensitive information during negotiations, collaborations, or service engagements, offering clear guidelines for information handling and consequences of breach under Hong Kong law.

What sections should be included in a Small Business Non Disclosure Agreement?

1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses

2. Background: Context of the agreement and the business relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential information

6. Security Measures: Required measures to protect and safeguard confidential information

7. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

8. Term and Survival: Duration of the agreement and obligations that continue after termination

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

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

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Small Business Non Disclosure Agreement?

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - use when dealing with technical information or trade secrets

2. Data Privacy Compliance: Specific provisions relating to personal data protection - include when confidential information may contain personal data

3. Non-Solicitation: Prevents poaching of employees or clients - include when sharing sensitive business relationship information

4. Competitive Activities: Restrictions on competitive activities - use when sharing business strategies or market-sensitive information

5. Assignment and Subcontracting: Rules for transferring rights or obligations - include when parties might need to involve third parties

6. Force Majeure: Provisions for unforeseen circumstances - include for longer-term NDAs

7. Independent Contractor Relationship: Clarifies relationship between parties - include when parties might be mistaken for partners

What schedules should be included in a Small Business Non Disclosure Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information

4. Appendix A - Permitted Purpose: Detailed description of the business purpose for which confidential information may be used

5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or 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

Agreement Contract

Cost

Free to use
Relevant Industries

Technology

Retail

Professional Services

Manufacturing

E-commerce

Healthcare

Financial Services

Education

Food and Beverage

Real Estate

Creative Industries

Construction

Import/Export

Logistics

Consulting

Relevant Teams

Legal

Human Resources

Operations

Finance

Information Technology

Business Development

Sales

Procurement

Compliance

Research and Development

Executive Leadership

Administrative

Project Management

Relevant Roles

CEO

Business Owner

Managing Director

Operations Manager

Project Manager

HR Manager

Legal Counsel

Business Development Manager

Finance Manager

IT Manager

Procurement Officer

Sales Director

Contract Administrator

Compliance Officer

Department Head

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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