The Confidentiality and Impartiality Agreement is essential in situations where parties need to protect sensitive information while ensuring unbiased professional conduct under Philippine law. This document is particularly relevant when engaging professional services, conducting arbitrations, handling sensitive business transactions, or establishing advisory relationships. It combines traditional confidentiality provisions with specific impartiality obligations, making it distinct from standard non-disclosure agreements. The agreement ensures compliance with Philippine regulations, including the Data Privacy Act of 2012, the Civil Code, and relevant sector-specific legislation. It's commonly used in professional services, financial services, healthcare, and technology sectors where both information protection and unbiased decision-making are crucial. The document includes comprehensive provisions for data protection, conflict of interest prevention, and breach remedies, adapted to the Philippine legal framework.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Impartiality'
4. Scope of Confidentiality: Details what information is considered confidential and covered by the agreement
5. Confidentiality Obligations: Specifies the duties and responsibilities regarding handling and protecting confidential information
6. Impartiality Obligations: Outlines requirements for maintaining impartiality and avoiding conflicts of interest
7. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and the process for such disclosure
8. Security Measures: Details the required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Specifies the duration of the agreement and termination procedures
11. Breach and Remedies: Outlines consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act - required when personal data is involved
2. Digital Information Handling: Specific provisions for handling digital information and cybersecurity measures - needed when digital assets are involved
3. Third Party Access: Provisions governing access by third party contractors or service providers - included when third party access may be required
4. International Transfer: Provisions for international transfer of confidential information - needed when parties operate across multiple jurisdictions
5. Competitive Activities: Restrictions on competitive activities - included when parties are in the same industry
6. Survival Clause: Specifies which obligations survive termination - included for long-term sensitive information
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information designated as confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to access and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Healthcare
Financial Services
Technology
Professional Services
Manufacturing
Research & Development
Education
Government & Public Sector
Telecommunications
Pharmaceuticals
Banking
Insurance
Human Resources
Management Consulting
Relevant Teams
Legal
Compliance
Human Resources
Information Security
Risk Management
Executive Leadership
Board of Directors
Research & Development
Information Technology
Data Protection
Finance
Procurement
Corporate Governance
Quality Assurance
Relevant Roles
Chief Executive Officer
Legal Counsel
Compliance Officer
Human Resources Director
Chief Financial Officer
Management Consultant
Independent Auditor
Board Member
Project Manager
Research Director
External Advisor
Mediator
Arbitrator
Data Protection Officer
Information Security Manager
Professional Expert
Technical Consultant
Financial Advisor
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