The Project NDA (Non-Disclosure Agreement) is essential when organizations need to share sensitive information during specific project collaborations in Hong Kong. This document type is particularly crucial when parties need to exchange confidential information for project evaluation, implementation, or execution while ensuring legal protection under Hong Kong law. The agreement covers project-specific details, confidentiality obligations, permitted uses, and security requirements, making it distinct from general NDAs. It's commonly used in project negotiations, joint ventures, technology transfers, and other collaborative ventures where project-specific confidential information needs protection. The document ensures compliance with Hong Kong's legal framework, including common law principles and relevant ordinances, while providing clear mechanisms for protecting sensitive project information and intellectual property.
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1. Parties: Identifies and defines the parties entering into the NDA, including their registered addresses and company details
2. Background: Sets out the context of the agreement, including the nature of the project and the purpose for sharing confidential information
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Project', 'Representatives', and other relevant terms
4. Purpose and Scope: Specifies the limited purposes for which the confidential information may be used, specifically in relation to the project
5. Confidentiality Obligations: Details the core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed to authorized representatives or as required by law
7. Security Measures: Specifies the required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or project completion
9. Term and Termination: Specifies the duration of the agreement and termination provisions
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Include when the project involves IP that needs specific protection beyond confidentiality
2. Data Protection Compliance: Include when personal data will be shared as part of the project
3. Non-Solicitation: Include when there's a risk of poaching employees or clients during the project
4. Specific Project Milestones: Include when confidentiality obligations need to align with specific project phases
5. Third Party Rights: Include when third parties might need rights under the Contract (Rights of Third Parties) Ordinance
6. Insurance Requirements: Include when specific insurance coverage for confidential information is required
7. Publicity and Announcements: Include when public communications about the project need to be regulated
1. Schedule 1 - Project Description: Detailed description of the project scope and objectives
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information to be shared during the project
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Schedule 5 - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information
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