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Non Circumvention Non Disclosure & Working Agreement

Non Circumvention Non Disclosure & Working Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Circumvention Non Disclosure & Working Agreement

I need a Non Circumvention Non Disclosure & Working Agreement under Hong Kong law for a technology consulting arrangement with a mainland Chinese company, where we'll be sharing sensitive AI development information and establishing a long-term development partnership starting March 2025.

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Document background
The Non Circumvention Non Disclosure & Working Agreement is essential in Hong Kong's dynamic business environment where companies frequently engage in complex business relationships requiring multiple layers of protection. This document is typically used when parties are exploring or entering into business opportunities that involve sharing sensitive information, establishing business relationships, and protecting against potential circumvention of business interests. It combines confidentiality protections, safeguards against bypassing established business relationships, and framework for ongoing collaboration, all while ensuring compliance with Hong Kong's legal requirements including the Contract Ordinance, Personal Data (Privacy) Ordinance, and relevant common law principles. The agreement is particularly valuable in international business transactions, joint ventures, consulting arrangements, and strategic partnerships where protecting business interests and establishing clear working parameters is crucial.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement, relationship between parties, and purpose of entering into this agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Business Opportunity', etc.

4. Scope of Agreement: Overview of the three main components: confidentiality, non-circumvention, and working relationship

5. Confidentiality Obligations: Detailed provisions regarding the protection, use, and handling of confidential information

6. Non-Circumvention Provisions: Terms preventing parties from bypassing each other in business dealings and protecting business relationships

7. Working Relationship Terms: Framework for how parties will collaborate, including roles, responsibilities, and operational procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Representations and Warranties: Statements and guarantees made by each party regarding their capacity and authority

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

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

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP, particularly relevant when the working relationship involves creation or use of IP

2. Data Protection: Specific provisions regarding personal data handling, recommended when personal data processing is involved

3. Non-Competition: Additional restrictions on competitive activities, useful when parties are potential competitors

4. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant for long-term working relationships

5. Insurance and Indemnification: Additional protection mechanisms, recommended for high-risk or high-value relationships

6. Dispute Resolution: Detailed procedures for resolving disputes, including mediation or arbitration, recommended for international relationships

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential under the agreement

2. Schedule 2 - Approved Purpose: Specific description of the business purpose and approved uses of confidential information

3. Schedule 3 - Project Scope: Detailed description of the work or project covered by the working relationship

4. Schedule 4 - Compensation Terms: Details of any fees, commissions, or payment arrangements

5. Schedule 5 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

6. Appendix A - Security Protocols: Specific procedures for handling and protecting confidential information

7. Appendix B - Reporting Requirements: Templates and procedures for required project reporting

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

alex.den.21@genieai.co
Relevant legal definitions




































Clauses































Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

International Trade

Real Estate

Healthcare

Education

Energy

Telecommunications

E-commerce

Retail

Logistics

Biotechnology

Media and Entertainment

Construction

Relevant Teams

Legal

Compliance

Business Development

Operations

Finance

Procurement

Sales

Strategic Planning

Research and Development

Risk Management

Corporate Development

International Business

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Business Development Director

Legal Counsel

Compliance Officer

Project Manager

Contract Manager

Partnership Manager

Investment Director

Operations Manager

Sales Director

Strategic Planning Manager

Procurement Manager

Research and Development Director

Commercial 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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