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Candidate Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Candidate Non Disclosure Agreement

"I need a Candidate Non Disclosure Agreement under Hong Kong law for use in recruiting senior technology executives who will need access to our proprietary software and client data during the interview process, with special emphasis on protecting our AI algorithms and customer databases."

Document background
The Candidate Non Disclosure Agreement is essential for protecting confidential information during recruitment processes in Hong Kong. It is typically used before sharing sensitive business information with potential candidates during interviews, assessments, or detailed role discussions. The document ensures compliance with Hong Kong's legal framework, including data privacy laws and common law principles governing confidential information. It's particularly crucial when recruitment involves access to proprietary technology, client information, business strategies, or other sensitive data. The agreement balances the company's need to protect confidential information with the practical requirements of the recruitment process, while remaining enforceable under Hong Kong law.
Suggested Sections

1. Parties: Identification of the company and the candidate, including full legal names and addresses

2. Background: Context of the disclosure, typically relating to potential employment discussions or recruitment process

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the recruitment context

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, including legal requirements

7. Return or Destruction of Information: Requirements for handling confidential information after discussions conclude

8. Duration of Obligations: Time period for which confidentiality obligations remain in force

9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Solicitation: Optional restrictions on soliciting employees or clients, if appropriate for the role

2. Intellectual Property Rights: Additional provisions regarding IP ownership, particularly relevant for technical or creative roles

3. Data Privacy Compliance: Specific provisions relating to personal data handling, necessary if candidate will access personal data

4. Remedies: Specific remedies for breach, including injunctive relief - useful for senior roles

5. Non-Competition: Restrictions on competing activities, only for very senior roles and must be reasonable

6. Third Party Rights: Provisions under the Contracts (Rights of Third Parties) Ordinance, if protecting group company information

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information that may be disclosed during the recruitment process

2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

3. Schedule 3 - Security Measures: Optional schedule specifying required security measures for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Technology

Professional Services

Healthcare

Manufacturing

Retail

Telecommunications

Real Estate

Insurance

Education

Media and Entertainment

Biotechnology

Construction

Energy

Logistics

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Research & Development

Sales

Marketing

Operations

Strategy

Investment

Risk Management

Compliance

Product Development

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Software Engineer

Investment Banker

Financial Analyst

Product Manager

Research Scientist

Sales Director

Marketing Manager

Human Resources Director

Legal Counsel

Operations Manager

Project Manager

Business Development Manager

Data Scientist

Systems Architect

Investment Manager

Risk Manager

Strategy Consultant

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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