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Disclosure Contract for Hong Kong

Disclosure Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes confidentiality obligations between parties sharing sensitive information. The document incorporates requirements from Hong Kong's Personal Data (Privacy) Ordinance, Securities and Futures Ordinance, and common law principles, providing robust protection for confidential information exchange. It defines the scope of confidential information, permitted uses, security requirements, and remedies for breach, while ensuring compliance with Hong Kong's regulatory framework and business practices.

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What is a Disclosure Contract?

The Disclosure Contract serves as a critical legal instrument for protecting confidential information in Hong Kong's dynamic business environment. It is essential when parties need to share sensitive business, technical, or personal information during business negotiations, due diligence processes, joint ventures, or other commercial relationships. The document ensures compliance with Hong Kong's legal framework, including data privacy laws, securities regulations, and common law principles governing confidentiality. This type of agreement is particularly important given Hong Kong's role as an international business hub, where cross-border information sharing is common and regulatory compliance is crucial. The Disclosure Contract provides parties with clear obligations, protections, and remedies while addressing specific requirements of Hong Kong law.

What sections should be included in a Disclosure Contract?

1. Parties: Identification and details of the disclosing and receiving parties

2. Background: Context of the disclosure relationship and purpose of the agreement

3. Definitions: Key terms including 'Confidential Information', 'Authorized Purpose', 'Authorized Representatives'

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

5. Obligations of Confidentiality: Core confidentiality obligations and standard of care required

6. Permitted Uses and Disclosures: Authorized purposes and circumstances under which confidential information may be used or disclosed

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

8. Term and Termination: Duration of the agreement and termination provisions

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination

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

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

What sections are optional to include in a Disclosure Contract?

1. Required Disclosures to Authorities: Procedures for handling government or regulatory authority requests for disclosure

2. Competitive Activities: Used when parties are competitors to address competition law compliance

3. Data Privacy Compliance: Specific provisions for compliance with PDPO when personal data is involved

4. Intellectual Property Rights: Additional provisions when confidential information includes IP rights

5. Representatives and Advisers: Used when multiple representatives or professional advisers need access

6. Survivability of Obligations: Specific provisions about which obligations continue after termination

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

8. Securities Trading Restriction: Required for listed companies to prevent insider trading

What schedules should be included in a Disclosure Contract?

1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2 - Specific Confidential Information: Detailed list or categories of confidential information covered

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

4. Schedule 4 - Authorized Purpose: Detailed description of the permitted purpose for using confidential information

5. Schedule 5 - Return/Destruction Certificate: Form of certificate confirming return or destruction of confidential information

6. Appendix A - Related Entities: List of affiliated companies or entities covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



























Clauses
























Relevant Industries

Financial Services

Technology

Manufacturing

Healthcare

Professional Services

Real Estate

Retail

Education

Telecommunications

Energy

Media and Entertainment

Biotechnology

Construction

Transportation and Logistics

Consumer Goods

Aviation

Relevant Teams

Legal

Compliance

Executive Leadership

Human Resources

Finance

Information Technology

Research and Development

Business Development

Operations

Procurement

Risk Management

Corporate Secretariat

Investment

Mergers and Acquisitions

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Counsel

Compliance Officer

Chief Financial Officer

Business Development Manager

Project Manager

Research Director

Human Resources Director

Chief Technology Officer

Investment Manager

Operations Director

Procurement Manager

Corporate Secretary

Risk Manager

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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