The Mutual Non Disclosure Agreement Form is a critical legal document used when two parties in the Philippines need to share sensitive information while ensuring mutual protection of confidentiality. This document is particularly relevant for business negotiations, potential partnerships, due diligence processes, and other commercial relationships where proprietary or sensitive information needs to be exchanged. The agreement is structured to comply with Philippine legal requirements, including the Data Privacy Act of 2012 and relevant provisions of the Civil Code, while providing comprehensive protection for both parties' confidential information. It includes specific provisions for handling digital data, trade secrets, and intellectual property, making it suitable for modern business transactions in the Philippine context.
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1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, including the purpose of information sharing and the nature of the business relationship
3. Definitions: Key terms used in the agreement, particularly '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 handling, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
12. General Provisions: Standard provisions including entire agreement, amendments, severability, and notices
1. Intellectual Property Rights: Additional section when confidential information includes IP rights, patents, or trade secrets
2. Data Privacy Compliance: Specific section when personal data is involved, ensuring compliance with the Data Privacy Act
3. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees or clients
4. Survival of Obligations: Specific provisions about which obligations continue after termination
5. Digital Security Measures: Specific provisions for digital information handling and cybersecurity measures
6. Export Control: Required when dealing with international parties or controlled technical data
7. Force Majeure: Optional clause for circumstances preventing compliance with obligations
1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Appendix A - Forms: Standard forms including confidentiality acknowledgments for representatives
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Financial Services
Healthcare
Real Estate
Retail and E-commerce
Energy and Utilities
Telecommunications
Education
Biotechnology
Construction
Mining and Natural Resources
Business Process Outsourcing
Agricultural Technology
Relevant Teams
Legal
Executive Leadership
Business Development
Human Resources
Information Technology
Research and Development
Finance
Operations
Procurement
Compliance
Corporate Affairs
Investment
Project Management
Risk Management
Administrative
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Project Manager
Human Resources Director
Chief Financial Officer
Operations Manager
Research and Development Director
Procurement Manager
Investment Manager
Corporate Secretary
Compliance Officer
Contract Administrator
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