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NDA Subcontractor

NDA Subcontractor Template for Hong Kong

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Key Requirements PROMPT example:

NDA Subcontractor

"I need an NDA Subcontractor agreement under Hong Kong law for a software development project where we'll be sharing source code and client data with offshore developers, with the agreement to be in place by January 2025."

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Document background
This NDA Subcontractor agreement is essential for businesses operating in Hong Kong that engage subcontractors and need to protect their confidential information, trade secrets, and intellectual property. The document is specifically tailored to comply with Hong Kong's legal framework, including relevant ordinances governing data privacy, contract law, and intellectual property protection. It should be used whenever a main contractor needs to share sensitive information with subcontractors during project execution, tender processes, or ongoing business relationships. The agreement includes provisions for handling confidential information, security measures, permitted disclosures, and remedies for breach, all structured within Hong Kong's common law context.
Suggested Sections

1. Parties: Identifies the main contracting parties - typically the main contractor and the subcontractor

2. Background: Explains the context of the relationship and the need for confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'

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 Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required physical, technical, and organizational measures to protect confidential information

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

9. Duration and Survival: Term of the agreement and surviving obligations

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and licenses - used when confidential information includes IP assets

2. Data Protection Compliance: Specific obligations regarding personal data - required when confidential information includes personal data

3. Non-Competition: Restrictions on competitive activities - used when there's a specific risk of competition

4. Non-Solicitation: Restrictions on soliciting employees or clients - used in high-risk service relationships

5. Audit Rights: Right to audit compliance with confidentiality obligations - used for high-value or high-risk relationships

6. Insurance Requirements: Specific insurance obligations - used when handling particularly sensitive information

7. Third Party Rights: Rights of third parties under the Contract (Rights of Third Parties) Ordinance - used when third party rights need to be explicitly addressed or excluded

Suggested Schedules

1. Schedule 1 - Description of Services: Detailed description of the subcontractor's services and context for confidential information access

2. Schedule 2 - Specific Categories of Confidential Information: Detailed list of types of confidential information covered

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

4. Schedule 4 - Security Protocols: Detailed security measures and protocols to be followed

5. Schedule 5 - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees/representatives of the subcontractor

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Technology

Construction

Financial Services

Professional Services

Manufacturing

Healthcare

Telecommunications

Research and Development

Defense

Energy

Maritime

Aerospace

Consulting

Information Technology

Engineering

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk and Compliance

Information Technology

Human Resources

Project Management

Supply Chain

Business Development

Technical Operations

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Project Manager

Contract Manager

Chief Technology Officer

Operations Director

Supply Chain Manager

Vendor Manager

Commercial Director

Risk Manager

Compliance Officer

Business Development Manager

Technical Director

Chief Information Officer

Human Resources 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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