The Compensation Non-Disclosure Agreement is essential in situations where confidential information needs to be shared while establishing payment terms for services or collaboration. This document type is commonly used in the Philippines when engaging consultants, contractors, or service providers who will have access to sensitive business information. It addresses both the protection of confidential information and the compensation structure, ensuring compliance with Philippine regulations including the Civil Code, Labor Code, and Data Privacy Act. The agreement is particularly valuable for businesses operating in the Philippines who need to protect their intellectual property, trade secrets, and other confidential information while establishing clear compensation terms with their business partners or service providers. It includes specific provisions for enforcement under Philippine law and typically covers aspects such as payment schedules, confidentiality obligations, permitted uses of information, and remedies for breach.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and corporate details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Compensation', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information
6. Compensation Terms: Details of compensation amount, payment schedule, and conditions for payment
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Permitted Disclosures: Additional section when there are specific circumstances where disclosure is permitted, such as to professional advisors or regulators
2. Data Privacy Compliance: Required when the confidential information includes personal data protected under the Data Privacy Act
3. Intellectual Property Rights: Needed when confidential information includes IP or when IP might be created during the engagement
4. Insurance Requirements: Include when requiring professional indemnity or other insurance coverage
5. Performance Metrics: When compensation is tied to specific performance criteria or milestones
6. Audit Rights: When one party needs the right to audit compliance with the agreement
7. Non-Competition: When additional restrictions on competition are required
8. Survival Clauses: Specific provisions about which obligations survive termination
1. Schedule A - Confidential Information: Detailed list or categories of confidential information covered
2. Schedule B - Compensation Structure: Detailed breakdown of compensation amounts, calculation methods, and payment schedules
3. Schedule C - Authorized Representatives: List of individuals authorized to receive or handle confidential information
4. Schedule D - Security Protocols: Specific security measures required for protecting confidential information
5. Appendix 1 - Permitted Purpose: Detailed description of the permitted use of confidential information
6. Appendix 2 - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research & Development
Telecommunications
Pharmaceuticals
Education
Energy
Legal Services
Business Process Outsourcing
Engineering
Entertainment & Media
Relevant Teams
Legal
Human Resources
Finance
Procurement
Information Technology
Research and Development
Business Development
Operations
Compliance
Risk Management
Innovation
Executive Leadership
Project Management
Administrative
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Human Resources Director
Project Manager
Business Development Manager
Procurement Manager
Research Director
IT Security Manager
Compliance Officer
Operations Manager
Contract Administrator
Risk Manager
Innovation Director
Technical Consultant
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