This Mutual Non-Disclosure Agreement template is designed for use in the Philippine business context when two parties need to share sensitive information while ensuring legal protection. The document is particularly relevant for business negotiations, potential partnerships, joint ventures, or any situation where confidential information needs to be exchanged bilaterally. It complies with Philippine legal requirements, including the Data Privacy Act of 2012 and relevant provisions of the Civil Code of the Philippines. The agreement is structured to protect both parties equally, defining the scope of confidential information, permitted uses, security measures, and remedies available under Philippine law. This template is adaptable for various business sectors while maintaining the essential legal protections required in a Mutual Non-Disclosure Agreement.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and as required by law
7. Security Measures: Specific measures required to protect confidential information, aligned with Philippine Data Privacy Act requirements
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Remedies: Legal remedies available in case of breach, including injunctive relief
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, amendments, and notices
1. Data Privacy Compliance: Additional section specifically addressing compliance with the Data Privacy Act when personal data is involved
2. Electronic Information Security: Specific provisions for digital information protection, relevant when electronic data is a significant part of the confidential information
3. Intellectual Property Rights: Additional provisions clarifying IP ownership and rights when IP-sensitive information is involved
4. Export Control: Requirements for international data transfers, needed when parties are from different jurisdictions
5. Competitive Restrictions: Non-compete or non-solicitation provisions, if agreed between parties
6. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Specific Categories of Confidential Information: Detailed categorization of confidential information types specific to the arrangement
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Retail
Education
Telecommunications
Business Process Outsourcing
Construction
Energy
Agriculture
Pharmaceutical
Entertainment and Media
Relevant Teams
Legal
Executive Leadership
Business Development
Human Resources
Information Technology
Research and Development
Operations
Finance
Procurement
Compliance
Strategic Planning
Corporate Communications
Project Management
Investment
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Corporate Secretary
Chief Technology Officer
Human Resources Director
Project Manager
Investment Manager
Research and Development Director
Operations Manager
Chief Financial Officer
Procurement Manager
Strategic Partnership Manager
Compliance Officer
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