This Talent Evaluation agreement is designed for use in Hong Kong business environments where formal assessment of professional capabilities, performance, or potential is required. The document is typically used when conducting structured evaluations of employees, candidates, or teams, whether for recruitment, promotion, development, or performance management purposes. It incorporates key requirements under Hong Kong law, including compliance with the Personal Data (Privacy) Ordinance, Employment Ordinance, and anti-discrimination legislation. The agreement can be customized for various evaluation scenarios, from individual assessments to team-wide reviews, and includes provisions for both internal evaluations and external assessment services. Essential components cover evaluation methodologies, data protection protocols, confidentiality requirements, and feedback procedures.
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1. Parties: Identifies the evaluating entity and the subject of evaluation
2. Background: Sets out the context and purpose of the talent evaluation
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Evaluation: Details the specific areas, skills, and competencies to be evaluated
5. Evaluation Process: Describes the methodology, timeline, and procedures for conducting the evaluation
6. Data Collection and Privacy: Outlines how personal data will be collected, used, and protected in compliance with the PDPO
7. Confidentiality: Sets out obligations regarding confidential information obtained during the evaluation
8. Rights and Obligations: Details the rights and responsibilities of both parties during the evaluation process
9. Intellectual Property: Addresses ownership of evaluation materials and results
10. Term and Termination: Specifies the duration of the agreement and circumstances for early termination
11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Third Party Rights: Include when evaluation results may affect or be accessed by third parties
2. Assessment Appeals: Include when offering a formal process for challenging evaluation results
3. Performance Metrics: Include when specific KPIs or performance standards are being evaluated
4. Remedial Actions: Include when the evaluation may lead to specific improvement requirements
5. Multi-jurisdictional Provisions: Include when evaluation involves cross-border elements
6. Compensation Structure: Include when evaluation is linked to compensation or benefits
7. Non-Competition: Include when evaluation involves access to sensitive competitive information
1. Evaluation Criteria: Detailed breakdown of assessment criteria and scoring methodology
2. Timeline and Milestones: Specific dates and deadlines for the evaluation process
3. Data Protection Protocol: Detailed procedures for handling personal data in compliance with PDPO
4. Evaluation Tools and Methods: Description of specific assessment tools, tests, or methodologies to be used
5. Authorized Evaluators: List of persons authorized to conduct evaluations and their qualifications
6. Fee Schedule: Breakdown of costs and payment terms if applicable
7. Reporting Template: Standard format for evaluation reports and feedback
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