The Technology Non-Disclosure Agreement serves as a critical legal instrument for protecting confidential technical information in Hong Kong's thriving technology sector. It is particularly relevant when parties need to share sensitive technical data, source code, algorithms, or other proprietary technology information during business discussions, joint ventures, or service arrangements. This document is structured to comply with Hong Kong's common law system and relevant statutory requirements, including data privacy and intellectual property laws. The agreement is commonly used during technology partnerships, software development projects, IT service agreements, and technology transfer discussions, where protection of technical know-how and trade secrets is paramount.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Key terms including 'Confidential Information', 'Technical Data', 'Trade Secrets', 'Intellectual Property Rights', and other technology-specific definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on technical specifications, source code, algorithms, and other technology-related information
5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection requirements for technical information
6. Permitted Use and Disclosure: Specified purposes for which confidential information can be used and circumstances under which disclosure is permitted
7. Security Measures: Required technical and organizational security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital data handling
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard legal provisions including governing law, jurisdiction, amendments, and notices
1. Data Privacy Compliance: Additional provisions for compliance with Hong Kong's Personal Data (Privacy) Ordinance when confidential information includes personal data
2. Source Code Protection: Specific provisions for handling and protecting source code when software is involved
3. Third Party Disclosure: Provisions governing disclosure to contractors, advisors, or other third parties
4. Export Control: Provisions regarding technology export controls when international transfer of technology is contemplated
5. Reverse Engineering: Prohibitions on reverse engineering of technical products or solutions
6. Residual Knowledge: Provisions addressing use of residual knowledge acquired during the engagement
7. Non-Solicitation: Restrictions on soliciting employees or clients, particularly relevant for technology service providers
8. Competing Projects: Provisions regarding involvement in similar or competing technology projects
1. Schedule 1: Description of Technical Information: Detailed description of specific technical information, products, or solutions covered by the NDA
2. Schedule 2: Authorized Representatives: List of authorized personnel who may access or handle the confidential information
3. Schedule 3: Security Protocols: Specific technical security measures and protocols required for protecting the confidential information
4. Schedule 4: Approved Subcontractors: List of approved third parties who may receive the confidential information
5. Appendix A: Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential digital information
6. Appendix B: Destruction Certificates: Template certificates for confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Financial Technology
E-commerce
Artificial Intelligence
Cybersecurity
Cloud Computing
Biotechnology
Hardware Manufacturing
Digital Media
Internet of Things
Research and Development
Digital Healthcare
Smart Manufacturing
Relevant Teams
Legal
Information Technology
Research and Development
Information Security
Software Development
Product Development
Business Development
Intellectual Property
Data Protection
Innovation
Solutions Architecture
Technical Operations
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Systems Architect
Technical Project Manager
Information Security Officer
Legal Counsel
Intellectual Property Manager
Research and Development Director
Product Manager
Technology Consultant
Chief Innovation Officer
Data Protection Officer
Business Development Manager
Solutions Architect
Technical Lead
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