This Non-Disclosure Agreement For Consultants is essential for businesses operating in the Philippines that engage external consultants and need to protect their confidential information. The document is specifically structured to comply with Philippine legislation, including the Data Privacy Act of 2012, the Civil Code, and the Intellectual Property Code. It should be used whenever engaging consultants who will have access to sensitive business information, trade secrets, proprietary technology, or personal data. The agreement covers various aspects of confidentiality, including definition of confidential information, handling requirements, permitted uses, return or destruction obligations, and enforcement mechanisms. It's particularly relevant in today's business environment where consultants often require access to significant amounts of sensitive corporate information to provide their services effectively.
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1. Parties: Identifies the parties to the agreement - the company (disclosing party) and the consultant (receiving party), including their full legal names and addresses
2. Background: Sets out the context of the consulting relationship and the need for confidentiality protection
3. Definitions: Defines key terms including 'Confidential Information', 'Consulting Services', 'Term', and other relevant terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty not to disclose, security measures, and permitted uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when consultant may create IP during engagement
2. Data Privacy Compliance: Specific obligations regarding personal data handling under Philippine Data Privacy Act, needed if personal data processing is involved
3. Non-Competition: Restrictions on competitive activities, used when consultant may have access to highly sensitive competitive information
4. Non-Solicitation: Prevents consultant from soliciting company's employees or clients, relevant for consultants with significant client contact
5. Security Protocols: Specific security measures required for handling confidential information, necessary for highly sensitive information
6. Audit Rights: Company's right to audit consultant's compliance, useful for long-term or high-risk engagements
1. Schedule A - Description of Consulting Services: Detailed description of the consulting services to be provided, helping define scope of access to confidential information
2. Schedule B - Specific Categories of Confidential Information: Detailed list of types of confidential information to be accessed by consultant
3. Schedule C - Authorized Representatives: List of persons authorized to receive confidential information on behalf of the consultant
4. Schedule D - Security Protocols: Specific security measures and protocols for handling different types of confidential information
5. Appendix 1 - Form of Confidentiality Undertaking: Template undertaking to be signed by consultant's representatives who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Real Estate
Energy
Retail
Education
Pharmaceuticals
Construction
Business Process Outsourcing
Media and Entertainment
Research and Development
Relevant Teams
Legal
Human Resources
Information Technology
Procurement
Research and Development
Executive Leadership
Finance
Operations
Risk and Compliance
Information Security
Corporate Strategy
Business Development
Project Management Office
Data Protection
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Director
Project Manager
IT Director
Management Consultant
Financial Advisor
Business Analyst
Strategy Consultant
Technical Consultant
Research Consultant
Operations Manager
Procurement Manager
Marketing Director
Systems Architect
Data Privacy Officer
Risk Manager
Compliance Officer
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