The Confidentiality Agreement Data Protection is essential for businesses operating in Hong Kong who need to share sensitive information while ensuring compliance with local data protection laws. This document is particularly relevant when parties need to exchange both confidential business information and personal data in contexts such as business partnerships, vendor relationships, or employment situations. It addresses requirements under Hong Kong's Personal Data (Privacy) Ordinance (PDPO) and common law principles of confidentiality, providing comprehensive protection for both commercial secrets and personal data. The agreement is commonly used in business transactions, due diligence processes, outsourcing arrangements, and other situations where sensitive data sharing is required while maintaining legal compliance and data security.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Protection Laws, Authorized Recipients
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data covered by the agreement
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Data Protection Obligations: Specific obligations regarding handling of personal data in compliance with PDPO
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed and process for such disclosure
9. Return or Destruction: Obligations regarding return or destruction of confidential information upon termination or request
10. Term and Termination: Duration of the agreement and termination provisions
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Transfer Provisions: Required when confidential information or personal data will be transferred outside Hong Kong
2. Subcontractor Provisions: Include when the receiving party may need to engage subcontractors to process confidential information
3. Intellectual Property Rights: Include when confidential information includes IP rights that need specific protection
4. Privacy Impact Assessment: Include for high-risk data processing activities
5. Data Breach Notification: Detailed procedures for handling data breaches, recommended for sensitive data handling
6. Audit Rights: Include when regular auditing of data protection measures is required
7. Insurance Requirements: Include when specific insurance coverage for data protection is required
8. Competing Business Restrictions: Include when there are concerns about competition or business protection
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Categories of Personal Data: Specific categories of personal data being processed
3. Schedule 3 - Security Measures: Technical and organizational security measures to be implemented
4. Schedule 4 - Authorized Recipients: List of approved individuals or entities who may access the confidential information
5. Schedule 5 - Data Processing Activities: Details of how personal data will be processed, including purposes and duration
6. Appendix A - Data Transfer Safeguards: Specific measures for international data transfers if applicable
7. Appendix B - Incident Response Plan: Procedures for handling data breaches and security incidents
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