The NDA For Subcontractors is essential for businesses operating in the Philippines that need to share confidential information with subcontractors while maintaining security and legal compliance. This document is particularly important given the Philippines' strong presence in the outsourcing industry and the need to protect proprietary information across various business relationships. The agreement ensures compliance with Philippine laws, including the Data Privacy Act of 2012 (RA 10173), the Intellectual Property Code, and relevant provisions of the Civil Code. It is designed to protect trade secrets, proprietary information, client data, and other confidential materials while establishing clear guidelines for information handling, security measures, and breach remedies. The document is commonly used when engaging external contractors, consultants, or service providers who need access to sensitive company information to perform their duties.
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1. Parties: Identification of the main contracting party and the subcontractor, including complete legal names and addresses
2. Background: Context of the relationship between the parties and purpose of the NDA in relation to the subcontractor arrangement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Trade Secrets', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and other authorized representatives
7. Security Measures: Specific security measures required to protect confidential information
8. Return or Destruction of Confidential Information: Requirements 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. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions specific to compliance with the Data Privacy Act when personal data is involved
2. Intellectual Property Rights: Specific provisions regarding IP rights when the subcontractor may have access to or create IP
3. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship
4. Subcontractor's Representatives: Specific provisions regarding which representatives of the subcontractor may access confidential information
5. Insurance Requirements: Provisions requiring specific insurance coverage for data breaches or confidentiality breaches
6. Audit Rights: Rights to audit the subcontractor's compliance with confidentiality obligations
7. Survival Clause: Specific provisions about which obligations survive termination of the agreement
1. Schedule 1 - Scope of Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Approved Subcontractor Activities: Description of activities for which confidential information may be used
5. Appendix A - Acknowledgment Form: Form to be signed by individual representatives acknowledging confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Construction
Business Process Outsourcing
Healthcare
Financial Services
Professional Services
Telecommunications
Research and Development
Engineering
Real Estate Development
Education and Training
Relevant Teams
Legal
Procurement
Human Resources
Information Technology
Compliance
Operations
Project Management
Risk Management
Vendor Management
Information Security
Administrative Services
Relevant Roles
Legal Counsel
Procurement Manager
Project Manager
Human Resources Director
Operations Manager
Chief Information Officer
Compliance Officer
Contract Administrator
Business Development Manager
IT Security Manager
Vendor Relations Manager
Risk Manager
Chief Technology Officer
Facilities Manager
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