Nondisclosure Agreement

Nondisclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Non-Disclosure Agreement for my Hong Kong technology company to use with potential investors during our Series B funding round starting in March 2025, with specific provisions for protecting our AI algorithms and customer data."

Document background

This document is a Non-Disclosure Agreement (NDA) designed for use under Hong Kong law when parties need to share confidential information while ensuring its protection. It is commonly used before business negotiations, potential partnerships, employment relationships, or any situation requiring the disclosure of sensitive information such as trade secrets, business strategies, or proprietary technology. The agreement incorporates Hong Kong legal principles and regulatory requirements, including considerations under the Personal Data (Privacy) Ordinance and common law protections for confidential information. It provides a legally binding framework that defines confidential information, establishes clear obligations for its protection, and specifies remedies available under Hong Kong jurisdiction in case of breach.

Suggested Sections

1. Parties: Identifies and defines the disclosing and receiving parties, including their registered addresses and company details

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms

4. Scope of Confidential Information: Clearly identifies what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Details the receiving party's duties to maintain confidentiality and permitted uses of the information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Outlines required security measures for protecting confidential information

8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

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

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

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses when confidential information includes IP

2. Data Protection Compliance: Specific obligations when personal data is involved, ensuring compliance with the Personal Data (Privacy) Ordinance

3. Non-Solicitation: Restrictions on soliciting employees or customers, often included when parties are competitors

4. Residual Knowledge: Provisions addressing use of general knowledge and experience gained, typically included for technology-related NDAs

5. Export Control: Compliance with export control laws, necessary when dealing with international transfers of technology

6. Reverse Engineering Prohibition: Specific restrictions on reverse engineering, particularly relevant for technology or product-related NDAs

7. Representatives' Obligations: Detailed provisions regarding obligations of employees and representatives, useful for corporate parties

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by 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 the confidential information

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

5. Appendix A - Form of Acknowledgment: Template acknowledgment form for representatives to sign confirming their understanding of obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Real Estate

Retail

Education

Telecommunications

Biotechnology

Energy

Media and Entertainment

Construction

Logistics

Research and Development

Consulting

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Product Development

Procurement

Finance

Information Technology

Operations

Compliance

Corporate Development

Innovation

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Chief Financial Officer

Business Development Manager

Human Resources Director

Project Manager

Research Director

Product Manager

Investment Manager

Procurement Manager

Operations Director

Chief Technology Officer

Innovation Manager

Contract Administrator

Compliance Officer

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