This Boilerplate Non-Disclosure Agreement serves as a fundamental legal document for businesses and individuals operating under Hong Kong law who need to protect confidential information during business discussions, negotiations, or ongoing relationships. The document is particularly relevant in Hong Kong's dynamic business environment, where international and local enterprises frequently engage in commercial transactions requiring information sharing. The agreement incorporates essential elements required by Hong Kong's common law system, including provisions for data privacy protection, trade secrets, and intellectual property rights. This template is designed to be adaptable for various business contexts while maintaining robust confidentiality protections and enforceability under Hong Kong jurisdiction.
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1. Parties: Identifies and defines the parties entering into the agreement, including their registered addresses and company details
2. Background: Sets out the context and purpose of the agreement, including the nature of the confidential information to be shared
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Uses and Disclosures: Specifies allowed uses of confidential information and circumstances under which disclosure is permitted
6. Security Measures: Required steps for protecting and securing confidential information
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 provisions survive termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Mutual Obligations: Used when both parties will be sharing confidential information (for mutual NDAs)
2. Data Privacy Compliance: Additional provisions when personal data is involved, ensuring compliance with the Personal Data (Privacy) Ordinance
3. Employee/Representative Undertakings: Required when confidential information will be shared with employees or representatives
4. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP
5. Non-Competition and Non-Solicitation: Optional restrictions when needed to protect business interests beyond confidentiality
6. Export Control Compliance: Required when confidential information may be subject to export control laws
7. Force Majeure: Optional clause for circumstances preventing compliance with obligations
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Appendix A - Form of Representative Undertaking: Template undertaking to be signed by representatives who will access confidential information
5. Appendix B - Notice Details: Contact details and methods for serving notices under the agreement
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