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Reciprocal Confidentiality Agreement

Reciprocal Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Reciprocal Confidentiality Agreement

"I need a Reciprocal Confidentiality Agreement under Hong Kong law for a potential technology partnership with a mainland Chinese company, with specific provisions for source code protection and cloud data storage requirements."

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Document background
The Reciprocal Confidentiality Agreement is essential for parties planning to engage in business discussions, negotiations, or collaborations where sensitive information needs to be exchanged. This document, governed by Hong Kong law, is commonly used before entering into major transactions, joint ventures, or strategic partnerships. It provides mutual protection for both parties' confidential information, including business plans, technical data, financial information, and trade secrets. The agreement ensures compliance with Hong Kong's legal requirements while establishing clear protocols for information sharing, security measures, and breach remedies. It's particularly relevant in Hong Kong's dynamic business environment, where international and domestic companies regularly engage in complex commercial relationships requiring robust confidentiality protections.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and the purpose for sharing confidential information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Confidentiality Obligations: Core mutual obligations regarding the protection and non-disclosure 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 Termination: Term of the agreement and survival of obligations

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

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

Optional Sections

1. Personal Data Protection: Required when confidential information includes personal data under the PDPO

2. Intellectual Property Rights: Needed when confidential information includes IP or when IP might be created during the relationship

3. Export Control: Required for international arrangements involving controlled technology or data

4. Reverse Engineering Prohibition: Important for technical or product-related confidential information

5. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees

6. Publicity and Announcements: Controls on public statements about the relationship between the parties

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered

2. Schedule 2 - Security Procedures: Specific security measures and protocols to be followed

3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive confidential information

4. Appendix A - Form of Notice: Standard form for notifications under the agreement

5. Appendix B - Data Processing Requirements: Specific requirements for handling personal data if applicable

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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Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Biotechnology

Real Estate

Construction

Retail

E-commerce

Education

Research & Development

Telecommunications

Media & Entertainment

Energy

Consulting

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Information Technology

Human Resources

Finance

Operations

Procurement

Compliance

Corporate Secretariat

Innovation

Product Development

Strategic Planning

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Legal Counsel

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Head of Innovation

Investment Manager

Operations Director

Procurement Manager

Human Resources Director

Chief Information Officer

Compliance Officer

Corporate Secretary

Commercial Director

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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