This Supplier NDA template is essential for businesses operating in Hong Kong that need to share confidential information with their suppliers while maintaining proper protection of sensitive data. The document is specifically tailored to comply with Hong Kong's legal framework, incorporating both common law principles and statutory requirements. It should be used before engaging in detailed discussions with suppliers or when beginning a supplier relationship where confidential information will be shared. The agreement covers various types of confidential information, including but not limited to trade secrets, proprietary technology, business processes, customer data, and financial information. It includes specific provisions for Hong Kong jurisdiction and enforcement, making it particularly suitable for businesses operating in or through Hong Kong.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the supplier)
2. Background: Context of the relationship and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to employees, representatives, or as required by law
7. Security Measures: Required standards for protecting and storing confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Specific provisions clarifying ownership and protection of IP rights in confidential information - include when IP is a significant component
2. Data Privacy Compliance: Specific obligations regarding personal data handling - include when personal data will be shared
3. Subcontractor Obligations: Requirements for subcontractors handling confidential information - include when supplier likely to use subcontractors
4. Export Control: Provisions regarding international transfer of technical data - include for technical or regulated information
5. Force Majeure: Provisions for handling confidential information during extraordinary events - include for long-term or critical supplier relationships
6. Insurance Requirements: Specific insurance coverage requirements for information security - include for high-value or sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required
4. Schedule 4 - Approved Subcontractors: Pre-approved subcontractors and their permitted access levels
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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