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Employee Trade Secret Agreement for Philippines

Employee Trade Secret Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes confidentiality obligations between an employer and employee regarding trade secrets and proprietary information. The document complies with the Philippine Intellectual Property Code, Labor Code, and relevant data privacy regulations while establishing clear protocols for handling confidential information, defining protected trade secrets, and outlining the consequences of unauthorized disclosure. It includes specific provisions for the protection of trade secrets during and after employment, reflecting the requirements of Philippine jurisdiction while balancing employer protection with employee rights.

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What is a Employee Trade Secret Agreement?

The Employee Trade Secret Agreement is essential for businesses operating in the Philippines that need to protect their confidential information and trade secrets from unauthorized disclosure or use. This document is typically implemented at the start of employment or when an employee gains access to sensitive information, and continues to be binding even after employment termination. The agreement must comply with Philippine legislation, including the Intellectual Property Code, Labor Code, and Data Privacy Act, while providing comprehensive protection for the employer's intellectual property. It's particularly crucial in today's digital environment where information can be easily transferred and copied. The document should be customized based on the specific nature of the trade secrets, industry requirements, and the employee's role while ensuring enforceability under Philippine law.

What sections should be included in a Employee Trade Secret Agreement?

1. Parties: Identification of the employer and employee with complete details

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Detailed definitions of terms including 'Trade Secrets', 'Confidential Information', 'Intellectual Property', and other key terms

4. Scope of Protected Information: Detailed description of what constitutes trade secrets and confidential information

5. Employee Obligations: Core confidentiality obligations and prohibited activities

6. Security Measures: Specific procedures employee must follow to maintain confidentiality

7. Ownership of Information: Clear statement of employer's ownership of trade secrets and related IP

8. Return of Materials: Requirements for returning confidential materials upon employment termination

9. Duration of Obligations: Time period for which confidentiality obligations continue

10. Breach and Remedies: Consequences of breach and available legal remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures

What sections are optional to include in a Employee Trade Secret Agreement?

1. Non-Competition Clause: Used when specific competitive restrictions are necessary, subject to reasonable limitations under Philippine law

2. Assignment and Invention Rights: Used when employee may create intellectual property during employment

3. Third Party Information: Used when employee may have access to confidential information of clients or business partners

4. Digital Security Protocols: Used when trade secrets are stored or accessed electronically

5. International Transfer Restrictions: Used when business operates across multiple jurisdictions

6. Dispute Resolution: Used to specify alternative dispute resolution methods like mediation or arbitration

What schedules should be included in a Employee Trade Secret Agreement?

1. Schedule A - Protected Information: Detailed list of specific trade secrets and confidential information covered

2. Schedule B - Security Procedures: Detailed security protocols and procedures for handling confidential information

3. Schedule C - Authorized Persons: List of persons or roles authorized to access specific categories of trade secrets

4. Appendix 1 - Acknowledgment Form: Form for employee to sign acknowledging receipt and review of trade secrets

5. Appendix 2 - Exit Interview Checklist: Checklist for ensuring compliance with return of confidential materials upon termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions














































Clauses






























Relevant Industries

Technology

Manufacturing

Pharmaceutical

Financial Services

Professional Services

Research and Development

Healthcare

Telecommunications

Consumer Goods

Energy

Chemical

Biotechnology

Defense

Aerospace

Food and Beverage

Relevant Teams

Human Resources

Legal

Research and Development

Information Technology

Product Development

Operations

Engineering

Finance

Sales

Marketing

Quality Assurance

Manufacturing

Executive Leadership

Business Development

Data Science

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Research Scientist

Software Developer

Product Manager

Business Development Manager

Financial Analyst

Human Resources Director

Operations Manager

Laboratory Technician

Engineering Manager

Sales Executive

Marketing Director

Legal Counsel

Data Scientist

System Administrator

Quality Control Manager

Production Supervisor

Project Manager

Research and Development Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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