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Employee Termination Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Employee Termination Non Disclosure Agreement

"I need an Employee Termination Non Disclosure Agreement under Hong Kong law for a senior software developer leaving our fintech company who has had access to our proprietary trading algorithms and client data, with special emphasis on digital asset protection."

Document background
The Employee Termination Non Disclosure Agreement is a critical document used in Hong Kong employment contexts when an employee's service is being terminated, whether through resignation, mutual agreement, or dismissal. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This document is particularly important in Hong Kong's competitive business environment, where employee mobility is high and protection of proprietary information is crucial. The agreement must comply with Hong Kong's Employment Ordinance, Personal Data (Privacy) Ordinance, and relevant contract law principles. It typically includes detailed provisions about what constitutes confidential information, obligations for its protection, return of company property, and enforcement mechanisms.
Suggested Sections

1. Parties: Identification of the employer and the departing employee

2. Background: Context of the employment relationship and its termination

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Trade Secrets'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information specific to the employment relationship

5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information

6. Return of Confidential Information: Requirements for returning or destroying company information and property

7. Duration of Obligations: Time period for which confidentiality obligations remain in effect

8. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

Optional Sections

1. Non-Disparagement: Mutual or one-way obligations not to make negative statements, used when there's risk of reputational damage

2. Survival of Other Obligations: Reference to surviving obligations from employment agreement, used when original employment contract contains additional relevant terms

3. Third Party Rights: Rights of group companies or related entities to enforce the agreement, used when confidential information belongs to multiple entities

4. Data Protection: Specific provisions regarding personal data protection, used when confidential information includes personal data

5. Cooperation in Litigation: Employee's obligations to assist in future litigation, used when employee had access to sensitive information relevant to ongoing or potential legal matters

6. Reference and Announcements: Agreed form of reference and public statements about the departure, used for senior employees or public-facing roles

Suggested Schedules

1. Schedule 1 - List of Confidential Information: Detailed categorization of specific confidential information covered by the agreement

2. Schedule 2 - Return of Property Checklist: Itemized list of physical and digital assets to be returned

3. Schedule 3 - Form of Acknowledgment: Template for employee to confirm compliance with return of information requirements

4. Appendix A - Existing Agreements: List of relevant provisions from employment agreement or other contracts that survive termination

5. Appendix B - Approved Form of Reference: If applicable, the agreed form of reference for future employment queries

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

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Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Healthcare

Retail

Telecommunications

Pharmaceuticals

Research and Development

Media and Entertainment

Education

Insurance

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Sales

Marketing

Finance

Operations

Customer Service

Product Development

Executive Leadership

Administration

Quality Assurance

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Project Manager

Software Developer

Research Scientist

Sales Executive

Account Manager

Product Manager

Business Analyst

Human Resources Manager

Operations Manager

Marketing Director

Financial Analyst

Technical Lead

Customer Service Representative

Administrative Assistant

Department Head

Regional Director

Vice President

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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