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Small Business Confidentiality Agreement

Small Business Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Small Business Confidentiality Agreement

"I need a Small Business Confidentiality Agreement for my Hong Kong tech startup to use with freelance developers who will have access to our source code and client data, with specific provisions for digital security and remote access."

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Document background
The Small Business Confidentiality Agreement is essential for Hong Kong-based small businesses needing to protect their confidential information when engaging with various stakeholders. This document becomes necessary when sharing sensitive business information with contractors, service providers, potential partners, or employees. It is specifically drafted to comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance and common law principles governing confidential information. The agreement is designed to be comprehensive yet accessible, addressing the unique needs of small businesses while providing robust protection for trade secrets, proprietary information, customer data, and business strategies. It includes provisions for both physical and digital information security, reflecting modern business practices in Hong Kong's dynamic business environment.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names and registered addresses

2. Background: Brief context of why the agreement is being entered into and the business relationship between the parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Use and Disclosure: Specific circumstances under which confidential information may be used or disclosed

7. Security Measures: Required measures to protect and safeguard confidential information

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

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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes intellectual property

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

3. Non-Competition: Restrictions on competitive activities, recommended when sharing sensitive business information

4. Non-Solicitation: Restrictions on soliciting employees or customers, useful for protecting business relationships

5. Third Party Rights: Provisions regarding third party rights under the Contracts (Rights of Third Parties) Ordinance

6. Assignment and Subcontracting: Rules about transferring rights or obligations, important for businesses planning structural changes

7. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of personnel authorized to access and handle the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting 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

Professional Services

Technology

Retail

Manufacturing

Financial Services

Healthcare

Education

Construction

Import/Export

E-commerce

Food and Beverage

Consulting

Real Estate

Creative Industries

Relevant Teams

Legal

Human Resources

Executive

Operations

Finance

Information Technology

Business Development

Procurement

Administration

Compliance

Research and Development

Relevant Roles

CEO

Business Owner

Managing Director

Operations Manager

HR Manager

Project Manager

Legal Counsel

Finance Manager

IT Manager

Business Development Manager

Procurement Manager

Administrative Officer

Compliance Officer

Department Head

Executive Assistant

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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