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Confidentiality Agreement
I need a confidentiality agreement to protect sensitive business information shared with a potential business partner, ensuring that all disclosed information remains confidential for a period of 3 years, with specific clauses addressing data protection and non-disclosure obligations.
What is a Confidentiality Agreement?
A Confidentiality Agreement is a legally binding contract that protects sensitive business information from being shared with others. When companies in Hong Kong discuss potential deals, share trade secrets, or work with contractors, they often use these agreements to keep valuable information private and secure.
The agreement clearly spells out what information must stay confidential, how long the privacy lasts, and what happens if someone breaks these rules. Under Hong Kong law, these contracts give businesses strong legal protection and the right to seek damages if their confidential information gets misused. Many industries, from tech startups to financial institutions, rely on these agreements to safeguard their competitive edge.
When should you use a Confidentiality Agreement?
Use a Confidentiality Agreement before sharing sensitive business information with potential partners, employees, or contractors in Hong Kong. This is especially important when discussing new product designs, client lists, financial data, or upcoming business deals that could harm your company if leaked to competitors.
Key moments to bring out this agreement include: starting merger discussions, hiring senior executives, engaging consultants, or beginning joint venture talks. Hong Kong courts strongly enforce these agreements, making them essential for protecting trade secrets and maintaining competitive advantages. Getting signatures early prevents disputes and gives you clear legal options if confidential information gets misused.
What are the different types of Confidentiality Agreement?
- Confidentiality And Non Disclosure Agreement: Standard two-way agreement for mutual information sharing between businesses
- Non Disclosure Non Circumvention Agreement: Prevents parties from both sharing secrets and bypassing each other in business deals
- Non Disclosure Agreement For Sale Of Business: Specifically designed for M&A discussions and due diligence
- Confidential Contract: Simplified one-way agreement often used with employees or contractors
- Confidentiality Contract: Comprehensive agreement with detailed confidentiality obligations and enforcement provisions
Who should typically use a Confidentiality Agreement?
- Business Owners & Entrepreneurs: Use Confidentiality Agreements to protect trade secrets when exploring partnerships or seeking investment in Hong Kong
- Corporate Legal Teams: Draft and customize agreements to match specific business needs and ensure compliance with local regulations
- Senior Executives: Sign these agreements when negotiating deals or accessing sensitive corporate information
- HR Departments: Implement agreements for new hires, especially in positions with access to confidential data
- External Consultants: Must sign before accessing client information or participating in strategic projects
- Technology Companies: Rely heavily on these agreements to protect intellectual property and development plans
How do you write a Confidentiality Agreement?
- Party Details: Gather full legal names, addresses, and business registration numbers of all involved parties
- Scope Definition: List specific types of confidential information to be protected, including trade secrets, client data, or business plans
- Time Period: Decide how long the confidentiality obligations will last after sharing information
- Permitted Uses: Clearly outline how the receiving party can use the confidential information
- Security Measures: Specify required safeguards for protecting the information
- Breach Consequences: Define penalties and remedies for unauthorized disclosure
- Document Generation: Use our platform to create a legally-sound agreement that meets Hong Kong requirements
What should be included in a Confidentiality Agreement?
- Identification Clause: Full legal names and details of all parties involved in the agreement
- Definition Section: Clear explanation of what constitutes confidential information under Hong Kong law
- Obligations Clause: Specific duties to protect and maintain confidentiality of shared information
- Duration Terms: Clear timeframe for how long confidentiality obligations remain in effect
- Permitted Uses: Explicitly stated allowed uses of the confidential information
- Return/Destruction: Requirements for handling confidential materials after agreement ends
- Breach Remedies: Specific consequences and legal recourse for unauthorized disclosure
- Governing Law: Express statement that Hong Kong law governs the agreement
What's the difference between a Confidentiality Agreement and a Business Acquisition Agreement?
A Confidentiality Agreement differs significantly from a Business Acquisition Agreement in both scope and purpose, though they often work together during corporate transactions in Hong Kong.
- Primary Purpose: Confidentiality Agreements focus solely on protecting sensitive information, while Business Acquisition Agreements cover the entire purchase process and terms of a business sale
- Timing of Use: Confidentiality Agreements typically come first, signed before detailed discussions begin, while Business Acquisition Agreements are executed after due diligence and negotiations
- Scope of Protection: Confidentiality Agreements protect specific information types, whereas Business Acquisition Agreements cover assets, liabilities, warranties, and purchase terms
- Duration: Confidentiality obligations often extend years beyond the transaction, while Business Acquisition Agreements usually conclude once the sale completes
- Legal Enforcement: Confidentiality breaches typically result in injunctive relief and damages, while Business Acquisition disputes often involve specific performance or purchase price adjustments
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