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Mutual Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mutual Confidentiality Agreement

"I need a Mutual Confidentiality Agreement for a technology startup in Hong Kong sharing software development information with a potential investor, with specific provisions for protecting source code and technical documentation, to be effective from March 2025."

Document background
The Mutual Confidentiality Agreement is essential for businesses and individuals operating under Hong Kong law who need to share sensitive information while ensuring legal protection. It is commonly used before entering into business negotiations, joint ventures, or any situation requiring the exchange of confidential information. The document defines what constitutes confidential information, sets out the obligations of both parties, and provides remedies under Hong Kong law for unauthorized disclosure. It is particularly relevant in Hong Kong's business environment, where international transactions and cross-border information sharing are common. The agreement should comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and common law principles of confidentiality.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their full legal names, registration numbers (if applicable), and registered addresses

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations of each party regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Security Measures: Specific measures required to protect confidential information

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Duration and Termination: Term of the agreement and survival of obligations post-termination

10. Remedies: Available remedies in case of breach, including injunctive relief

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and variation

Optional Sections

1. Data Protection Compliance: Specific provisions addressing compliance with the Personal Data (Privacy) Ordinance when confidential information includes personal data

2. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights in confidential information

3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

4. Export Control: Provisions addressing export control regulations when confidential information may be subject to international transfer restrictions

5. Force Majeure: Provisions addressing circumstances beyond parties' control affecting confidentiality obligations

6. Assignment and Novation: Terms governing the transfer of rights and obligations under the agreement

7. Costs: Allocation of costs related to compliance with confidentiality obligations

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types and categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

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
























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Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Retail

Real Estate

Education

Telecommunications

Media and Entertainment

Biotechnology

Consulting

Energy

International Trade

Research and Development

Relevant Teams

Legal

Executive

Business Development

Research and Development

Human Resources

Information Technology

Finance

Operations

Procurement

Compliance

Corporate Secretariat

Investment

Commercial

Intellectual Property

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Chief Financial Officer

Business Development Manager

Research Director

Project Manager

Human Resources Director

Chief Technology Officer

Operations Manager

Procurement Manager

Investment Manager

Corporate Secretary

Commercial Director

Compliance Officer

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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