A Confidentiality Deed is a formal legal instrument used when parties require stronger protection for confidential information than that provided by a standard confidentiality agreement. This document type is particularly relevant in Hong Kong, where it must comply with specific deed execution requirements under local law. It is commonly used in significant commercial transactions, joint ventures, investment discussions, or when sharing highly sensitive technical, commercial, or personal information. The deed format provides additional legal protection through longer limitation periods and potentially broader remedies under Hong Kong law. A Confidentiality Deed typically includes detailed provisions for information handling, security measures, permitted disclosures, and consequences of breach, while ensuring compliance with Hong Kong's data protection regime.
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1. Parties: Identifies and provides full details of all parties to the deed, including their registered addresses and company numbers if applicable
2. Background: Sets out the context and purpose of the deed, including the relationship between the parties and the general nature of the confidential information to be shared
3. Definitions and Interpretation: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Permitted Recipients' and interpretation rules
4. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
6. Protection of Confidential Information: Specific measures required to protect confidential information, including security protocols and return/destruction requirements
7. Term and Survival: Duration of confidentiality obligations and which provisions survive termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
11. Execution: Formal execution blocks meeting deed requirements under Hong Kong law
1. Data Privacy Compliance: Additional provisions for compliance with PDPO when confidential information includes personal data
2. Intellectual Property Rights: Provisions clarifying ownership and protection of IP rights in confidential information
3. Competition Law Compliance: Required when parties are competitors or confidential information includes competitively sensitive information
4. Representatives and Warranties: Additional warranties regarding authority to disclose and accuracy of confidential information
5. Insurance: Requirements for insurance coverage related to confidential information handling
6. Security Breach Notification: Procedures for notifying breaches of confidential information
7. Audit Rights: Rights to audit compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the deed
2. Schedule 2 - Permitted Purpose: Detailed description of the permitted uses of the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information
4. Schedule 4 - Permitted Recipients: List of authorized recipients or categories of recipients of the confidential information
5. Schedule 5 - Return/Destruction Certificate: Form of certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Real Estate
Energy
Telecommunications
Biotechnology
Education
Media and Entertainment
Retail and Consumer Goods
Maritime and Logistics
Relevant Teams
Legal
Compliance
Information Security
Risk Management
Corporate Secretarial
Business Development
Research and Development
Finance
Executive Management
Information Technology
Human Resources
Data Protection
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Commercial Director
Chief Financial Officer
Chief Technology Officer
Head of Compliance
Risk Manager
Business Development Director
Innovation Director
Research Director
Investment Manager
Project Manager
Corporate Secretary
Data Protection Officer
Information Security Manager
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