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Indemnity Confidentiality Agreement

Indemnity Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Indemnity Confidentiality Agreement

"I need an Indemnity Confidentiality Agreement for a technology joint venture between our Hong Kong fintech company and a mainland Chinese software developer, with strong protections for our proprietary trading algorithms and specific indemnification provisions for any data breaches."

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Document background
The Indemnity Confidentiality Agreement is essential for business transactions and relationships where sensitive information needs to be shared while maintaining strong legal protection. This document, governed by Hong Kong law, is particularly valuable in situations involving intellectual property, trade secrets, business strategies, or other confidential information where the potential damage from unauthorized disclosure could be significant. It combines traditional confidentiality provisions with specific indemnification obligations, making it suitable for high-stakes business relationships, technology transfers, joint ventures, and professional service engagements. The agreement ensures compliance with Hong Kong's legal framework while providing clear mechanisms for enforcement and remedies in case of breaches.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement, including their registered addresses and company details

2. Background: Sets out the context and purpose of the agreement, including the nature of the confidential information to be shared

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Indemnified Parties'

4. Confidentiality Obligations: Details the core obligations regarding the protection, use, and non-disclosure of confidential information

5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

6. Security Measures: Outlines required security measures for protecting confidential information

7. Indemnification: Details the indemnification obligations, including scope, procedure, and limitations

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and severability

Optional Sections

1. Intellectual Property Rights: Include when confidential information involves IP rights or when ownership of derived works needs to be addressed

2. Data Protection Compliance: Include when personal data is involved, ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance

3. Non-Competition: Include when there's a need to restrict competitive activities related to the confidential information

4. Non-Solicitation: Include when protection against poaching employees or clients is required

5. Insurance Requirements: Include when specific insurance coverage is required to support indemnification obligations

6. Audit Rights: Include when the disclosing party needs rights to audit the receiving party's compliance

7. Force Majeure: Include when protection against unforeseen events affecting confidentiality obligations is needed

8. Assignment Rights: Include when transfer of rights under the agreement needs to be specifically addressed

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols required for protecting confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by employees or third parties who will access confidential information

6. Appendix B - Data Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses



























Relevant Industries

Technology & Software

Financial Services

Healthcare & Pharmaceuticals

Manufacturing

Professional Services

Research & Development

Telecommunications

Biotechnology

Energy & Resources

Media & Entertainment

Real Estate

Education

Retail & Consumer Goods

Investment & Banking

Insurance

Relevant Teams

Legal

Compliance

Executive Leadership

Information Technology

Research & Development

Business Development

Operations

Risk Management

Finance

Human Resources

Information Security

Procurement

Corporate Affairs

Intellectual Property

Project Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Chief Financial Officer

Chief Technology Officer

Chief Information Officer

Business Development Director

Project Manager

Research Director

Head of Innovation

Investment Manager

Operations Director

Risk Manager

Corporate Secretary

Information Security Officer

Procurement Manager

Human Resources Director

Intellectual Property Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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