This Standard Non-Disclosure Agreement is essential for businesses and individuals operating under Hong Kong jurisdiction who need to protect confidential information during business discussions, negotiations, or ongoing relationships. The document is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors, employees, or business partners. It incorporates Hong Kong's common law principles and statutory requirements, particularly concerning data privacy, trade secrets, and contractual obligations. The agreement can be customized for various business contexts while maintaining its enforceability under Hong Kong law, making it suitable for both domestic and international business relationships where Hong Kong law governs the arrangement.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Remedies: Available remedies in case of breach, including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Additional provisions for compliance with PDPO when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Export Control: Include when confidential information may be subject to export control regulations
5. Competition Law Compliance: Include when parties are competitors or information sharing could raise competition law concerns
6. Force Majeure: Include for long-term NDAs where external events might affect performance
7. Publicity: Restrictions on public announcements about the relationship or agreement
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purpose for which confidential information may be used
2. Schedule 2 - Categories of Confidential Information: Detailed list or categories of information covered by the agreement
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting confidential information
4. Schedule 4 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
5. Appendix A - Information Handling Procedures: Detailed procedures for marking, storing, transmitting, and destroying confidential information
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