This Model NDA serves as a standardized template for businesses and individuals operating under Hong Kong law who need to protect confidential information during business discussions, negotiations, or ongoing relationships. The document is particularly relevant in Hong Kong's dynamic business environment, where cross-border transactions and international business relationships are common. It incorporates provisions that comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and common law principles of confidentiality. The Model NDA can be adapted for various scenarios, from potential investments and joint ventures to service provider relationships and employee arrangements, while maintaining its enforceability under Hong Kong jurisdiction. It includes comprehensive definitions of confidential information, clear obligations for both parties, and appropriate remedies for breach, reflecting common commercial practices in Hong Kong.
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1. Parties: Identifies and provides full details of the parties entering into the NDA, including registered addresses and company numbers if applicable
2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship or potential transaction
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Details the required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
9. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents poaching of employees or clients, used when parties may have access to sensitive personnel or customer information
2. Non-Competition: Restricts competitive activities, included when sharing highly sensitive business information
3. Intellectual Property Rights: Clarifies ownership and rights regarding any IP disclosed or created, used when IP-sensitive information is involved
4. Data Protection Compliance: Additional provisions for PDPO compliance, required when personal data may be shared
5. Export Control: Addresses export control regulations, needed for international transfers of technical information
6. Reverse Engineering Prohibition: Prohibits reverse engineering of products or technologies, used for technical or product-related confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Real Estate
Retail
Education
Telecommunications
Biotechnology
Construction
Import/Export
Logistics
Media and Entertainment
Relevant Teams
Legal
Human Resources
Business Development
Research and Development
Executive
Operations
Procurement
Information Technology
Finance
Compliance
Corporate Development
Investment
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Commercial Director
Business Development Manager
Human Resources Director
Chief Technology Officer
Project Manager
Investment Manager
Research Director
Operations Manager
Procurement Manager
Company Secretary
Compliance Officer
Contract Manager
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