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Technology Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Technology Confidentiality Agreement

"I need a Technology Confidentiality Agreement for a software development partnership between my Hong Kong fintech startup and a mainland China development company, with special emphasis on source code protection and cross-border data transfer restrictions."

Document background
The Technology Confidentiality Agreement is essential for businesses operating in Hong Kong's dynamic technology sector, where protection of proprietary information is crucial for maintaining competitive advantage. This document is typically used when parties need to share sensitive technological information during business negotiations, joint ventures, technology licensing, or development projects. It provides a robust framework for protecting confidential information while complying with Hong Kong's legal requirements, including the Personal Data (Privacy) Ordinance and relevant intellectual property laws. The agreement is particularly important given Hong Kong's role as a major technology hub and its common law system, which offers strong protection for confidential information and trade secrets. It includes comprehensive provisions for data protection, permitted uses, security measures, and remedies for unauthorized disclosure, making it suitable for both local and international technology transactions.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Technology', 'Authorized Purpose', 'Representatives', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on technological aspects

5. Obligations of Confidentiality: Core confidentiality obligations, including storage, handling, and protection of confidential information

6. Permitted Use and Disclosure: Specific permitted uses of the confidential information and conditions for authorized disclosure

7. Security Measures: Required technical and organizational security measures for protecting confidential information

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Duration and Survival: Term of the agreement and provisions that survive termination

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

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

Optional Sections

1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights when the confidential information includes patentable innovations or copyright materials

2. Data Privacy Compliance: Additional provisions when confidential information includes personal data subject to the Personal Data (Privacy) Ordinance

3. Third Party Disclosure: Specific provisions for cases where disclosure to third party contractors or advisors is necessary

4. Export Control: Provisions dealing with export control regulations when technology may be subject to international transfer restrictions

5. Source Code Protection: Special provisions for protecting source code when software is involved

6. Reverse Engineering Prohibition: Specific prohibitions against reverse engineering when dealing with software or hardware technology

7. Competition Law Compliance: Provisions ensuring compliance with competition laws when parties are competitors

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list and description of specific confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access the confidential information

3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required for protecting the confidential information

4. Schedule 4 - Destruction Procedures: Specific procedures for secure destruction or return of confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by representatives or third parties

6. Appendix B - Security Incident Response Plan: Procedures to be followed in case of security breach or unauthorized disclosure

Authors

Alex Denne

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

Relevant legal definitions























































Clauses































Relevant Industries

Information Technology

Software Development

Artificial Intelligence

Biotechnology

FinTech

Healthcare Technology

Manufacturing Technology

Telecommunications

Semiconductor Industry

Cloud Computing

Cybersecurity

Research and Development

Electronics Manufacturing

Digital Media

Internet of Things

Relevant Teams

Legal

Information Technology

Research and Development

Information Security

Compliance

Intellectual Property

Product Development

Engineering

Data Protection

Innovation

Business Development

Technical Operations

Project Management

Risk Management

Corporate Strategy

Relevant Roles

Chief Technology Officer

Chief Information Officer

Head of Research and Development

Technology Director

Software Development Manager

Information Security Officer

Legal Counsel

Intellectual Property Manager

Project Manager

Systems Architect

Technical Lead

Innovation Director

Product Manager

Business Development Manager

Compliance Officer

Data Protection Officer

Research Scientist

Technical Consultant

Contract Manager

Technology Transfer Officer

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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