The Subcontractor Confidentiality Agreement is essential in modern business operations where companies frequently engage subcontractors who require access to confidential and proprietary information to perform their services. This document is specifically tailored for use in Hong Kong, incorporating requirements under Hong Kong law and common law principles. It is particularly crucial when subcontractors may have access to trade secrets, technical information, client data, or other sensitive business information. The agreement should be implemented before any confidential information is shared with the subcontractor and remains effective even after the completion of the main subcontract. It includes comprehensive definitions of confidential information, clear obligations for information handling, and specific provisions for data protection compliance under Hong Kong's legal framework.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names and registered addresses
2. Background: Context of the subcontractor relationship and purpose of the confidentiality agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Survival: Duration of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Provisions addressing ownership and protection of intellectual property rights when confidential information includes IP
2. Data Protection Compliance: Specific provisions for compliance with PDPO when confidential information includes personal data
3. Non-Competition: Restrictions on competitive activities, if relevant to the subcontractor relationship
4. Assignment and Subcontracting: Provisions regarding the ability to assign rights or subcontract obligations, if permitted
5. Insurance Requirements: Obligations to maintain specific insurance coverage for potential breaches
6. Audit Rights: Rights to audit compliance with confidentiality obligations, if required
7. Force Majeure: Provisions for handling confidential information in force majeure situations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or representatives
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under PDPO, if applicable
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