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Data Confidentiality Agreement
"I need a Data Confidentiality Agreement for a Hong Kong fintech startup sharing sensitive trading algorithms with a potential investor, with extra provisions for source code protection and immediate termination rights if the investor engages with competing businesses."
1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Authorized Personnel', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and the process for such disclosure
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, etc.
1. Data Privacy Compliance: Specific provisions relating to compliance with PDPO when confidential information includes personal data
2. Intellectual Property Rights: Provisions clarifying IP ownership and licenses when confidential information includes IP
3. Cross-border Data Transfer: Requirements for transferring confidential information outside Hong Kong
4. Audit Rights: Rights to audit compliance with confidentiality obligations
5. Insurance Requirements: Obligations to maintain specific insurance coverage for data breaches
6. Force Majeure: Provisions for handling confidentiality obligations during force majeure events
7. Subcontractors: Provisions governing the use of subcontractors and their confidentiality obligations
1. Schedule 1 - Categories of Confidential Information: Detailed listing and classification of different types of confidential information covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Processing Requirements: Specific requirements for processing confidential information that includes personal data
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel
6. Appendix B - Data Breach Notification Procedure: Detailed procedure for handling and reporting data breaches
Authors
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Biotechnology
Research & Development
Real Estate
Retail
Education
Telecommunications
Media & Entertainment
Energy
Legal Services
Pharmaceutical
Legal
Compliance
Information Technology
Human Resources
Information Security
Risk Management
Research & Development
Business Development
Operations
Procurement
Data Protection
Corporate Affairs
Executive Leadership
Chief Executive Officer
Chief Legal Officer
General Counsel
Data Protection Officer
Chief Information Security Officer
Chief Technology Officer
Human Resources Director
Compliance Manager
Legal Counsel
Information Security Manager
Privacy Officer
Risk Manager
Business Development Director
Project Manager
Research Director
IT Manager
Procurement Manager
Operations Director
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