The Non-Disclosure Non-Disparagement Agreement is essential in Hong Kong's business environment where protection of confidential information and reputation management are paramount. This document is typically used when parties enter into business relationships, employment arrangements, or negotiations where sensitive information will be shared and there's a need to maintain professional conduct and protect reputational interests. The agreement combines traditional NDA elements with specific non-disparagement provisions, tailored to comply with Hong Kong's legal framework, including the Contracts Ordinance, Defamation Ordinance, and relevant privacy laws. It's particularly valuable in situations involving senior executives, business partnerships, or during corporate transactions where both information security and reputation protection are crucial.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Disparagement', and other important concepts used throughout the agreement
4. Confidentiality Obligations: Details the specific obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to authorized representatives or as required by law
6. Non-Disparagement Obligations: Sets out the specific obligations regarding non-disparagement, including scope and limitations
7. Term and Survival: Specifies the duration of the agreement and which provisions survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Outlines the consequences of breach, including injunctive relief and damages
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Include when confidential information includes IP or when IP might be created during the relationship
2. Security Measures: Include when specific security protocols need to be followed for protecting confidential information
3. Social Media Policy: Include when parties need specific guidance on social media usage and potential disparagement
4. Employee/Contractor Obligations: Include when the agreement relates to employment or contractor relationships
5. Third Party Rights: Include when third parties (such as company affiliates) need to be protected under the agreement
6. Data Protection: Include when personal data is part of the confidential information
7. Whistleblower Exception: Include when parties need to specify protections for legitimate whistleblowing activities
8. Non-Solicitation: Include when there's a need to prevent solicitation of employees or customers
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or entities authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Approved Public Statements: Pre-approved language or statements that parties may use publicly
5. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by authorized recipients of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Media and Entertainment
Biotechnology
Retail
Real Estate
Education
Telecommunications
Pharmaceutical
Energy
Consulting
Investment Banking
Relevant Teams
Legal
Human Resources
Executive Leadership
Communications
Public Relations
Information Technology
Research & Development
Finance
Marketing
Business Development
Operations
Corporate Affairs
Information Security
Risk Management
Compliance
Relevant Roles
CEO
Executive Director
Senior Manager
HR Director
Legal Counsel
Chief Financial Officer
Marketing Director
Research Scientist
Product Manager
Business Development Manager
IT Director
Operations Manager
Project Manager
Sales Director
Communications Manager
Department Head
Board Member
Chief Technology Officer
Strategy Consultant
Investment Analyst
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