The Consultant Confidentiality Agreement is essential for businesses in the Philippines engaging external consultants who will have access to sensitive company information. This document is particularly important given the increasing reliance on external expertise and the need to protect proprietary information in the digital age. It ensures compliance with Philippine legislation, including the Data Privacy Act of 2012 (RA 10173) and the Intellectual Property Code (RA 8293), while providing comprehensive protection for company secrets and confidential information. The agreement is designed to be used at the commencement of a consulting engagement and typically remains in effect even after the consulting relationship ends. It includes specific provisions for data protection, information handling, and breach remedies, all tailored to the Philippine legal framework.
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1. Parties: Identification of the company and the consultant, including their complete legal names and addresses
2. Background: Context of the consulting relationship and purpose of the agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Consultant Obligations: Specific duties and responsibilities of the consultant regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized persons
7. Security Measures: Required procedures and precautions for handling and storing confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which provisions survive after termination
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically addressing IP ownership and rights, used when consultant may create or work with IP
2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act, used when personal data is involved
3. Third Party Disclosure: Provisions governing disclosure to authorized third parties, used when consultant needs to work with other contractors or service providers
4. Non-Competition: Restrictions on competing activities, used when consultant has access to highly sensitive competitive information
5. Digital Security Requirements: Specific provisions for digital security measures, used when confidential information is primarily in digital form
6. Exit Procedures: Detailed procedures for project conclusion, used in long-term or complex consulting arrangements
1. Schedule A - Scope of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule B - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule C - Authorized Personnel: List of personnel authorized to access confidential information
4. Appendix 1 - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information
5. Appendix 2 - Incident Reporting Form: Template for reporting any breaches or unauthorized disclosures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Healthcare
Financial Services
Manufacturing
Research and Development
Biotechnology
Education
Telecommunications
Energy
Real Estate
Construction
Legal Services
Business Consulting
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Compliance
Research and Development
Executive Leadership
Operations
Project Management
Business Development
Information Security
Contract Administration
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Procurement Manager
Project Manager
Department Head
Chief Technology Officer
Chief Financial Officer
Operations Manager
Research Director
Business Development Manager
IT Security Manager
Compliance Officer
Contract Administrator
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