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Non Disclosure Agreement For Service Provider Template for Hong Kong

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Key Requirements PROMPT example:

Non Disclosure Agreement For Service Provider

"I need a Non-Disclosure Agreement For Service Provider governed by Hong Kong law for an IT consulting firm that will be accessing our financial institution's customer databases and internal systems; the agreement needs to be particularly strong on data privacy and cybersecurity provisions."

Document background
The Non-Disclosure Agreement For Service Provider is essential when businesses in Hong Kong engage external service providers who require access to confidential information to perform their services. This document is particularly relevant in today's business environment where companies regularly outsource specialized functions while needing to protect their proprietary information, trade secrets, and sensitive data. The agreement is drafted in compliance with Hong Kong law, including considerations for data privacy, intellectual property protection, and common law principles of confidentiality. It serves as a crucial legal safeguard, establishing clear obligations and responsibilities for service providers handling confidential information, while providing remedies under Hong Kong jurisdiction in case of breach.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the business) and receiving party (the service provider), including full legal names and registered addresses

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

3. Definitions: Definition of key terms, particularly 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit obligations regarding its protection

5. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed, including to authorized representatives

6. Standard of Care: Level of care required in protecting confidential information and specific security measures to be implemented

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

8. Term and Survival: Duration of the agreement and which obligations survive termination

9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Specific provisions clarifying ownership and protection of intellectual property, used when confidential information includes IP

2. Data Privacy Compliance: Additional provisions for compliance with PDPO when personal data is involved

3. Non-Solicitation: Restrictions on soliciting employees or customers, used when there's direct exposure to key personnel or clients

4. Limited License: Terms for limited use of proprietary information or technology, included when specific usage rights need to be granted

5. Export Control: Compliance with export control laws, used when dealing with regulated technologies or international transfers

6. Competitive Activities: Restrictions on competitive activities, included when service provider works with competitors

7. Information Security Requirements: Specific technical and organizational security measures, used for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential

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

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Form of Representative Undertaking: Template for additional confidentiality undertakings by representatives

5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and disposing of 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

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Retail

Telecommunications

Real Estate

Education

Research and Development

Media and Entertainment

Consulting

Legal Services

Biotechnology

Energy

Relevant Teams

Legal

Procurement

Vendor Management

Information Technology

Human Resources

Operations

Risk Management

Compliance

Information Security

Research and Development

Business Development

Finance

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Procurement Manager

Vendor Management Officer

Contract Manager

Chief Information Officer

Chief Technology Officer

Project Manager

Human Resources Director

Operations Manager

Risk Management Officer

Compliance Officer

Business Development Manager

Information Security 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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