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Non Disclosure Agreement For Data Sharing for Philippines

Non Disclosure Agreement For Data Sharing Template for Philippines

This document is a specialized Non-Disclosure Agreement specifically designed for data sharing arrangements under Philippine law, incorporating requirements from the Data Privacy Act of 2012 (RA 10173) and related regulations. It provides comprehensive protection for confidential information exchanged during data sharing activities while ensuring compliance with Philippine data protection requirements. The agreement includes specific provisions for data security measures, breach notification procedures, and cross-border data transfer requirements where applicable, making it suitable for both domestic and international data sharing arrangements within the Philippine legal framework.

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What is a Non Disclosure Agreement For Data Sharing?

The Non Disclosure Agreement For Data Sharing is a critical legal instrument designed to protect confidential information exchanged during data sharing activities while ensuring compliance with Philippine data protection laws. This document becomes necessary when organizations need to share sensitive data, personal information, or proprietary data while maintaining confidentiality and compliance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations. It is particularly relevant in today's digital economy where data sharing is increasingly common across various sectors. The agreement includes essential provisions for data protection, permitted uses, security measures, and breach notification procedures, making it suitable for both domestic and international organizations operating within the Philippine jurisdiction. It's designed to address modern data protection challenges while providing flexibility for various types of data sharing arrangements.

What sections should be included in a Non Disclosure Agreement For Data Sharing?

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between the parties, and purpose of the data sharing arrangement

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Data', 'Personal Information', 'Processing', and other relevant terms as defined in the Data Privacy Act

4. Scope of Confidential Information: Detailed description of what constitutes confidential information and shared data under the agreement

5. Data Privacy and Protection Obligations: Specific obligations relating to data protection under Philippine law, including compliance with the Data Privacy Act

6. Permitted Use and Disclosure: Conditions under which the confidential information and data may be used or disclosed

7. Security Measures: Required technical and organizational measures for protecting confidential information and data

8. Return or Destruction of Confidential 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

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures

What sections are optional to include in a Non Disclosure Agreement For Data Sharing?

1. Data Transfer Mechanisms: Required when data will be transferred outside the Philippines, specifying compliance with cross-border data transfer requirements

2. Audit Rights: Optional provisions for audit and inspection rights, particularly relevant for regulated industries or when dealing with sensitive data

3. Data Breach Notification: Detailed procedures for handling and reporting data breaches, recommended for high-risk data sharing

4. Subcontractor Provisions: Required when either party may need to engage subcontractors to process the shared data

5. Insurance Requirements: Specific insurance obligations, relevant for high-value or high-risk data sharing arrangements

6. Compliance with Industry Standards: Required when specific industry standards or certifications need to be maintained

What schedules should be included in a Non Disclosure Agreement For Data Sharing?

1. Schedule A - Description of Shared Data: Detailed specification of the types of data to be shared, including personal and non-personal data categories

2. Schedule B - Security Requirements: Technical and organizational security measures required for data protection

3. Schedule C - Authorized Personnel: List of authorized personnel who may access the confidential information

4. Schedule D - Data Processing Activities: Detailed description of permitted data processing activities and purposes

5. Schedule E - Transfer Protocols: Technical specifications for secure data transfer methods

6. Appendix 1 - Data Privacy Act Compliance Checklist: Checklist ensuring compliance with Philippine Data Privacy Act requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses





























Relevant Industries

Technology

Healthcare

Financial Services

Education

Research & Development

Business Process Outsourcing

Manufacturing

Retail

Telecommunications

Professional Services

Government & Public Sector

Insurance

Pharmaceuticals

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Data Protection

Risk Management

Research & Development

Operations

Business Development

Privacy

Contracts Administration

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Data Manager

Information Security Manager

Risk Manager

Privacy Analyst

Contracts Manager

Chief Technology Officer

Business Development Manager

Research Director

Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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