This Non Solicitation NDA is designed for use in business relationships where there's a need to protect both confidential information and prevent the poaching of employees, clients, or business partners. Commonly used in Hong Kong business transactions, mergers and acquisitions, joint ventures, and employment relationships, the document combines standard confidentiality provisions with specific non-solicitation clauses. It ensures compliance with Hong Kong's legal framework, including the Employment Ordinance, Competition Ordinance, and common law principles governing restrictive covenants. The agreement is particularly valuable when parties are engaging in business discussions, due diligence processes, or strategic partnerships where exposure to sensitive information and key business relationships creates potential risks.
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Key Requirements PROMPT example:
Non Solicitation NDA
"I need a Non-Solicitation NDA under Hong Kong law for a technology consulting engagement starting March 2025, specifically to protect our client relationships and prevent the consultant from poaching our software developers for 24 months after the engagement ends."
1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Confidential Information', 'Business Relationship', and 'Restricted Persons'
4. Confidentiality Obligations: Details the core obligations regarding confidential information protection
5. Non-Solicitation Covenants: Specifies restrictions on soliciting employees, customers, suppliers, and other business relationships
6. Duration of Obligations: Specifies the time period for both confidentiality and non-solicitation obligations
7. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., legal requirements, authorized disclosures)
8. Return of Confidential Information: Procedures for returning or destroying confidential information
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - use when dealing with technical or creative information
2. Data Protection: Specific provisions for handling personal data - include when personal data processing is involved
3. Survival Clause: Specifies which provisions survive termination - important for long-term business relationships
4. Assignment and Succession: Rules about transferring rights under the agreement - useful for corporate groups or potential M&A situations
5. Monitoring and Compliance: Procedures for ensuring compliance - useful for high-risk or complex business relationships
6. Third Party Rights: Provisions under the Contracts (Rights of Third Parties) Ordinance - include when third party enforcement rights are needed
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Restricted Persons/Organizations: List of specific individuals, customers, or organizations covered by non-solicitation provisions
3. Schedule 3 - Authorized Recipients: List of persons authorized to receive confidential information
4. Schedule 4 - Security Measures: Specific security protocols for handling confidential information
5. Appendix A - Non-Disclosure Certificate: Template certificate for authorized recipients to sign acknowledging confidentiality obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Professional Services
Manufacturing
Healthcare
Retail
Real Estate
Telecommunications
Education
Engineering
Consulting
Biotechnology
E-commerce
Media and Entertainment
Insurance
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Operations
Finance
Compliance
Risk Management
Procurement
Information Technology
Strategy
Commercial
Corporate Development
Investment
Administrative
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Chief Financial Officer
Operations Director
Project Manager
Procurement Manager
Investment Director
Managing Partner
Compliance Officer
Strategy Director
Chief Technology Officer
Commercial Director
Risk Manager
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