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International NDA Agreement
"I need an International NDA Agreement governed by Hong Kong law for a potential joint venture between our Hong Kong-based technology company and a German software developer, with specific provisions for source code protection and a two-year confidentiality period starting March 2025."
1. Parties: Identification of all parties to the agreement, including registered addresses and company numbers
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and explicit exclusions
5. Obligations of Confidentiality: Core confidentiality obligations and standard of care required
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions for handling personal data under relevant privacy laws, required when confidential information includes personal data
2. Intellectual Property Rights: Clarity on IP ownership and licensing, needed when confidential information includes IP-sensitive material
3. Non-Solicitation: Prevents poaching of employees/clients, recommended for business relationships with potential competitive overlap
4. Export Control: Compliance with international trade regulations, required when information may be subject to export controls
5. Force Majeure: Provisions for extraordinary events, recommended for long-term NDAs
6. Corporate Representatives: Specific provisions for corporate groups, needed when parties are part of larger corporate structures
7. Translations: Provisions regarding official language and translations, needed for multi-jurisdictional use
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives/employees
6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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