This Financial Non Disclosure Agreement is essential for organizations operating in Hong Kong's financial sector who need to protect sensitive financial information during business discussions, due diligence processes, or collaborative ventures. The document is specifically tailored to comply with Hong Kong's regulatory framework, including the Securities and Futures Ordinance and Banking Ordinance. It provides comprehensive protection for confidential financial information, including client data, trading strategies, financial models, and proprietary methodologies. This agreement is particularly relevant given Hong Kong's status as a major financial hub and its strict requirements regarding financial data protection and confidentiality. The document includes specific provisions required by Hong Kong regulators and addresses the unique aspects of conducting financial business in the jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Trade Secrets', 'Authorized Representatives'
4. Scope of Confidential Information: Specific description of what constitutes confidential information in the financial context
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to regulators and professional advisors
7. Security Measures: Required security protocols for handling and storing confidential information
8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon 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. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Digital Data Protection: Additional provisions for digital data protection and cybersecurity measures, used when information will be stored or transmitted electronically
2. Third Party Rights: Provisions under the Contracts (Rights of Third Parties) Ordinance, used when third party rights need to be explicitly included or excluded
3. Regulatory Compliance: Specific provisions for compliance with financial regulations, used when parties are regulated entities
4. International Transfer of Data: Provisions governing cross-border data transfers, used when parties operate in multiple jurisdictions
5. Insider Trading Prevention: Specific provisions preventing use of information for securities trading, used when information may affect listed companies
6. Non-Solicitation: Provisions preventing solicitation of employees or clients, used when parties have access to sensitive relationship information
1. Schedule 1: Authorized Representatives: List of authorized personnel who may access confidential information
2. Schedule 2: Security Protocols: Detailed security measures and protocols for handling confidential information
3. Schedule 3: Information Categories: Categorization of different types of confidential information and their handling requirements
4. Appendix A: Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
5. Appendix B: Notification Templates: Standard forms for various notifications required under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
FinTech
Professional Services
Corporate Finance
Capital Markets
Private Equity
Venture Capital
Asset Management
Securities Trading
Financial Consulting
Wealth Management
Risk Management
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Investment
Due Diligence
Corporate Finance
Mergers & Acquisitions
Financial Control
Operations
Strategy
Executive Management
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Investment Manager
Financial Controller
Compliance Officer
Risk Manager
Treasury Manager
Financial Analyst
Investment Banker
Fund Manager
Corporate Finance Manager
Financial Advisor
Chief Investment Officer
Portfolio Manager
General Counsel
Legal Counsel
Company Secretary
Due Diligence Officer
Head of Finance
Chief Risk Officer
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