This International NDA Agreement is essential for businesses engaging in cross-border confidential discussions or transactions where at least one party seeks protection under Philippine law. The document is particularly valuable when entering into preliminary discussions for business ventures, sharing sensitive technical or commercial information, or exploring potential partnerships internationally. It incorporates key provisions required under Philippine legislation, including compliance with the Data Privacy Act of 2012 and the Civil Code, while addressing international aspects such as cross-border data transfers and multiple jurisdiction considerations. The agreement is structured to protect various types of confidential information, from trade secrets and proprietary technology to business strategies and customer data, making it suitable for a wide range of international business relationships.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Recipients', 'Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and advisors
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 termination or request
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
1. Data Privacy Compliance: Specific provisions addressing compliance with Philippine Data Privacy Act and international data protection laws, used when personal data is involved
2. Intellectual Property Rights: Explicit provisions regarding IP ownership and rights, used when confidential information includes IP
3. Export Control: Provisions addressing export control regulations, used when information transfer crosses borders with export-controlled countries
4. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations, particularly relevant for long-term NDAs
5. Electronic Storage and Transmission: Specific requirements for electronic handling of confidential information, used when digital storage/transmission is significant
6. Language: Specification of controlling language version, used when agreement is executed in multiple languages
7. Corporate Authority: Specific provisions about corporate authority to enter agreement, used when dealing with large corporations or regulated entities
1. Schedule A - Specific Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule B - Authorized Recipients: List of individuals or roles authorized to receive confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Notice Details: Contact details and procedures for serving notices under the agreement
5. Appendix 1 - Form of Acknowledgment: Template for authorized recipients to acknowledge confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Pharmaceuticals
Telecommunications
Research and Development
Energy
Consumer Goods
Automotive
Aerospace
Business Process Outsourcing
Real Estate
Construction
Relevant Teams
Legal
Compliance
Executive Leadership
Business Development
Research and Development
Procurement
Corporate Affairs
Information Technology
Finance
Operations
Strategic Planning
International Relations
Risk Management
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Contract Manager
Legal Counsel
Compliance Officer
Investment Manager
Project Manager
Research Director
Corporate Secretary
Procurement Manager
Strategic Partnership Director
International Business Developer
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