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Mutual Non Disclosure Agreement

Mutual Non Disclosure Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mutual Non Disclosure Agreement

"I need a Mutual Non Disclosure Agreement under Hong Kong law for a potential joint venture between my fintech company and a mainland Chinese investment firm, with specific provisions for financial data protection and cross-border data transfer."

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Document background
This Mutual Non Disclosure Agreement (NDA) is essential for parties engaging in business discussions or negotiations where confidential information needs to be shared reciprocally. It is specifically drafted under Hong Kong law, incorporating local legal requirements and business practices. The agreement is commonly used before commercial negotiations, joint ventures, potential investments, or any business relationship where sensitive information exchange is necessary. It covers various types of confidential information including trade secrets, business plans, technical data, and personal data, ensuring compliance with Hong Kong's Personal Data (Privacy) Ordinance and common law principles. The document provides clear obligations for both parties regarding information protection, permitted uses, and consequences of breach, while maintaining flexibility to accommodate different business contexts.
Suggested Sections

1. Parties: Identification of all parties entering into the NDA, including full legal names, registration numbers (if companies), and registered addresses

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship

3. Definitions: Defines key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding protection, non-disclosure, and permitted uses of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and professional advisors

6. Security Measures: Required procedures and safeguards for protecting confidential information

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

8. Duration and Survival: Term of the agreement and which obligations survive termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation

Optional Sections

1. Data Privacy Compliance: Specific provisions addressing compliance with PDPO when confidential information includes personal data

2. Intellectual Property Rights: Clarification that the agreement doesn't transfer any IP rights, used when confidential information includes IP

3. Non-Solicitation: Prevents parties from soliciting each other's employees or clients, included when there's significant business relationship risk

4. Export Control: Compliance with export control laws, included when information may be subject to international transfer restrictions

5. Force Majeure: Addresses circumstances preventing compliance, included when long-term information sharing is contemplated

6. Costs: Allocation of costs related to protecting confidential information, included when significant costs may be involved

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of information covered by the NDA

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

3. Schedule 3 - Security Protocols: Specific security measures and procedures required for different types of confidential information

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations

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
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Technology

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Relevant Roles

Chief Executive Officer

Chief Legal Officer

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Business Development Manager

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Chief Financial Officer

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Industries







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