Confidentiality Clause in Hong Kong
Confidentiality Clause in Hong KongUpdated on Thursday 19th May 2016
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The confidentiality agreement in Hong Kong
A confidentiality clause is used in Hong Kong in various types of agreement when one of the parties wishes to bind the other to not reveal any information during the course of their collaboration. This is always done in writing and it can be in the form of clause in an agreement or come as a separate agreement altogether.
A non-disclosure agreement will be used to engage in activities with all or any third parties that have access to documents, data or any piece of information that is of great importance to the Hong Kong company.
Because this type of agreement needs to specify the duties of the parties agreeing to non-disclosure as well as the eventual liabilities if they breach trust, a law firm in Hong Kong can provide you with specialized assistance for drawing up and concluding these types of contracts.
Non-disclosure in Hong Kong
Confidentiality clauses are not mandatory in all contracts. They can be used in employment contracts or in contracts concluded for performing various services. In some companies the employee will work with documents, articles or information that is classified as confident. Companies who want to protect against disclosure to third parties can insert a confidentiality clause in the employment contract that will oblige employees to keep the trade secret during the employment (and in some cases even afterwards).
Confidentiality agreement use and implementation in Hong Kong
A confidentiality agreement must clearly define the information that is to be considered classified during the duration of the agreement. Also parties will be informed of the manner in which they can handle this information.
Certain exceptions are also possible, like information that is already available to the general public or information that has been revealed after a court order was issues for this purpose.
Business owners in Hong Kong should also observe other laws for data protection and personal data handling. The consultants at our Hong Kong law firm can give you additional information about this subject and about other issues like trademark protection.