The Business Plan Non Disclosure Agreement is essential when companies need to share sensitive business planning information with potential investors, partners, or advisors in the Philippines. This document becomes crucial during fundraising rounds, strategic partnership discussions, or when seeking professional advice where detailed business plans must be disclosed. It ensures compliance with Philippine legislation, including the Civil Code, Data Privacy Act (RA 10173), and Intellectual Property Code (RA 8293). The agreement typically covers financial projections, market strategies, operational details, trade secrets, and other confidential business information. It's particularly relevant in the current Philippine business landscape where cross-border transactions and digital information sharing are increasingly common, requiring robust confidentiality protections that align with both local and international business practices.
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1. Parties: Identification of the disclosing party (typically the business owner/company) and receiving party, including complete legal names and addresses
2. Background: Context of the disclosure, stating the purpose related to business plan review/evaluation and the parties' intention to protect confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Business Plan', 'Authorized Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to business plan contents
5. Obligations of Receiving Party: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon agreement termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard contract clauses including governing law, jurisdiction, amendments, and notices
1. Non-Solicitation: Prohibits solicitation of employees or customers, included when business plan contains sensitive personnel or customer information
2. Intellectual Property Rights: Clarifies ownership of IP rights, particularly relevant when business plan contains patentable innovations or trade secrets
3. Data Privacy Compliance: Specific provisions for compliance with Philippine Data Privacy Act, needed when business plan contains personal data
4. Digital Security Measures: Specific requirements for digital storage and transmission of confidential information, relevant for electronic sharing of business plans
5. Non-Circumvention: Prevents receiving party from circumventing the disclosing party to pursue business opportunities outlined in the plan
6. Competitive Restrictions: Limits on using information for competitive purposes, included when sharing with potential competitors
1. Schedule A - Description of Business Plan: Detailed description of the business plan documents and materials covered by the NDA
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and review the confidential information
3. Schedule C - Security Protocols: Specific security measures required for handling the confidential information
4. Appendix 1 - Acknowledgment Form: Form to be signed by representatives who will have access to confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Real Estate
Healthcare
Retail
E-commerce
Agriculture
Energy
Transportation
Telecommunications
Education
Food and Beverage
Professional Services
Construction
Relevant Teams
Legal
Corporate Development
Finance
Executive Leadership
Business Development
Strategy
Investment
Mergers & Acquisitions
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Business Development Manager
Investment Analyst
Legal Counsel
Chief Financial Officer
Strategic Planning Director
Venture Capital Associate
Management Consultant
Corporate Development Officer
Investment Banking Associate
Due Diligence Specialist
Private Equity Manager
Business Advisor
Mergers & Acquisitions Director
Start-up Founder
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