This Simple NDA Form is designed for use under Hong Kong law when parties need to share confidential information while maintaining its secrecy and protecting their business interests. It serves as a foundational document for various business relationships, from potential partnerships to employment discussions, ensuring that sensitive information remains protected. The document is particularly useful in preliminary business discussions, due diligence processes, and potential commercial relationships where confidential information needs to be shared before a more comprehensive agreement is reached. This NDA template incorporates key requirements under Hong Kong law, including considerations from the Contract Ordinance and Personal Data (Privacy) Ordinance, while remaining sufficiently flexible to adapt to various business contexts and types of confidential information.
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1. Parties: Identifies and defines the parties to the agreement, including their registered addresses and company numbers if applicable
2. Background: Brief context explaining why the NDA is being entered into and the general purpose of the information sharing
3. Definitions: Defines key terms used in 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 Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Term and Survival: Duration of the agreement and which obligations survive termination
7. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
8. Remedies: Legal remedies available in case of breach, including injunctive relief
9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
10. Execution: Signature blocks and execution details
1. Mutual Obligations: Additional section for when both parties are sharing confidential information (for mutual NDAs)
2. Data Protection: Specific provisions for handling personal data under Hong Kong's Personal Data (Privacy) Ordinance
3. Information Security Requirements: Specific technical or organizational measures required for protecting the confidential information
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Assignment and Succession: Rules about transferring rights under the agreement, particularly relevant for corporate transactions
6. Publicity: Restrictions on public announcements about the business relationship
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Permitted Purpose: Detailed description of the specific business purpose for which the confidential information may be used
3. Schedule 3 - Security Protocols: Optional schedule detailing specific security measures required for protecting the confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Professional Services
Healthcare
Real Estate
Retail
E-commerce
Education
Telecommunications
Media and Entertainment
Biotechnology
Construction
Consulting
Research and Development
Relevant Teams
Legal
Human Resources
Business Development
Finance
Operations
Research and Development
Information Technology
Procurement
Sales
Corporate Development
Compliance
Risk Management
Executive Management
Information Security
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Legal Counsel
Business Development Manager
Human Resources Director
Project Manager
Research Director
Investment Manager
Operations Manager
Procurement Manager
Sales Director
Technical Director
Corporate Development Manager
Compliance Officer
Information Security Officer
Risk Manager
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