This Bilateral Non-Disclosure Agreement template is essential for businesses and individuals operating under Hong Kong law who need to protect confidential information during business discussions, negotiations, or collaborations. It provides comprehensive protection for both parties by establishing mutual obligations to maintain confidentiality of shared information. The document incorporates key requirements under Hong Kong's legal framework, including common law principles of confidence and data privacy regulations. It is particularly useful for initial business discussions, due diligence processes, joint ventures, or any situation where proprietary information needs to be shared while maintaining confidentiality. The agreement includes specific provisions for handling confidential information, permitted disclosures, and enforcement mechanisms under Hong Kong jurisdiction.
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1. Parties: Identification and details of both parties entering into the NDA
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Representatives', and 'Permitted Purpose'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and exclusions
5. Obligations of Confidentiality: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required measures to protect confidential information
8. Return or Destruction: Obligations regarding the return or destruction of confidential information
9. Duration and Survival: Term of the agreement and surviving obligations
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Representatives and Related Parties: Used when parties need to share information with employees, advisors, or affiliates
2. Intellectual Property Rights: Include when confidential information involves IP rights or when ownership needs clarification
3. Data Privacy Compliance: Required when personal data will be shared under the agreement
4. Non-Solicitation: Added when parties wish to prevent poaching of employees or clients
5. Publicity and Announcements: Include when controlling public statements about the relationship is important
6. Independent Development: Used in technology-related NDAs to preserve rights to develop similar solutions independently
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for information sharing
2. Schedule 2 - Categories of Confidential Information: Specific types of confidential information covered
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures required for protecting confidential information
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