The Confidentiality and Impartiality Agreement is essential in situations where parties need to protect sensitive information while ensuring unbiased and objective conduct, particularly in Hong Kong's business and professional environment. This document is commonly used when engaging professionals, consultants, or service providers who will have access to confidential information and need to maintain independence in their decision-making or service provision. The agreement combines standard confidentiality provisions with specific impartiality requirements, addressing both the protection of sensitive information and the need for objective, unbiased conduct. It incorporates Hong Kong legal requirements, including compliance with the Personal Data (Privacy) Ordinance and relevant common law principles, making it suitable for use in various professional and business contexts within Hong Kong's jurisdiction.
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1. Parties: Identifies and defines all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Impartiality', and other relevant terms
4. Confidentiality Obligations: Details the core obligations regarding confidential information, including use, storage, and disclosure restrictions
5. Impartiality Requirements: Specifies the requirements for maintaining impartiality and avoiding conflicts of interest
6. Security Measures: Outlines required security measures for protecting confidential information
7. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
8. Return or Destruction of Information: Procedures for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Required when confidential information may need to be shared with authorized third parties
2. Employee Obligations: Include when the agreement covers employees or contractors
3. Data Protection: Required when personal data is involved, ensuring compliance with PDPO
4. Industry-Specific Requirements: Include for regulated industries with specific confidentiality requirements
5. Intellectual Property Rights: Include when confidential information includes IP rights
6. Non-Competition: Optional section for preventing competitive activities
7. Audit Rights: Include when regular auditing of compliance is required
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Security Protocols: Specific security measures and procedures to be followed
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access confidential information
4. Schedule 4 - Disclosure Procedures: Step-by-step procedures for authorized disclosures
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties
6. Appendix B - Incident Reporting Form: Template for reporting confidentiality breaches
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