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Non Disparagement Agreement After Termination Template for Hong Kong

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Key Requirements PROMPT example:

Non Disparagement Agreement After Termination

"I need a Non Disparagement Agreement After Termination for a senior marketing executive leaving our Hong Kong-based technology company on March 1, 2025, with mutual obligations and specific social media restrictions, particularly covering LinkedIn and industry forums."

Document background
The Non Disparagement Agreement After Termination is a critical document used in Hong Kong employment contexts when an employment relationship ends. It is typically implemented as part of a separation package or following the termination of employment, particularly for senior positions or roles with access to sensitive information. The agreement protects organizations from reputational damage by preventing former employees from making negative statements while ensuring compliance with Hong Kong employment law, privacy regulations, and constitutional rights regarding freedom of expression. It includes specific provisions about prohibited communications, duration, scope, and enforcement mechanisms, and can be customized to address industry-specific concerns or particular circumstances of the employment relationship.
Suggested Sections

1. Parties: Identification of the employer and former employee

2. Background: Context of the agreement, including reference to the terminated employment relationship

3. Definitions: Definitions of key terms including 'disparagement', 'confidential information', and 'related parties'

4. Non-Disparagement Obligations: Core obligations regarding prohibited statements and communications

5. Duration and Scope: Temporal and geographical limits of the non-disparagement obligations

6. Exceptions and Permitted Disclosures: Circumstances where statements are permitted (e.g., legal proceedings, regulatory requirements)

7. Remedies and Enforcement: Consequences of breach and enforcement mechanisms

8. Severability: Provision ensuring rest of agreement remains valid if any part is found unenforceable

9. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction

10. Entire Agreement: Confirmation that this document represents the complete agreement between parties

Optional Sections

1. Mutual Non-Disparagement: Used when both parties agree to reciprocal non-disparagement obligations

2. Social Media Provisions: Specific provisions regarding social media platforms and online communications

3. Third Party Rights: Extension of protection to related entities and individuals

4. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings

5. Return of Property: Requirements regarding company property if not covered in separation agreement

6. Consideration: Details of any additional payment or benefit provided in exchange for the agreement

Suggested Schedules

1. Schedule 1 - Protected Parties: List of additional parties protected by the non-disparagement obligations

2. Schedule 2 - Prohibited Communications: Examples of specific types of communications or statements that would constitute disparagement

3. Schedule 3 - Social Media Platforms: List of specific social media and professional networking platforms covered by the agreement

4. Appendix A - Acknowledgment Form: Form for the employee to acknowledge understanding and acceptance of obligations

5. Appendix B - Permitted Disclosures: Detailed list of circumstances where disclosure is permitted

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

Financial Services

Technology

Professional Services

Healthcare

Media and Entertainment

Retail and Consumer

Manufacturing

Education

Telecommunications

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Compliance

Executive Management

Public Relations

Corporate Communications

Risk Management

Administration

Information Technology

Relevant Roles

Chief Executive Officer

Senior Executive

Director

Manager

Department Head

Senior Professional

Technical Lead

Sales Executive

HR Manager

Legal Counsel

Financial Controller

Public Relations Officer

Marketing Manager

Account Manager

Research Analyst

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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