The Non-Disclosure Agreement Form is a crucial legal document used in the Philippines business environment to establish confidentiality obligations between parties sharing sensitive information. This document is essential when businesses or individuals need to protect proprietary information, trade secrets, or confidential data during business negotiations, employment relationships, or commercial partnerships. The agreement is drafted in accordance with Philippine law, including compliance with the Data Privacy Act of 2012, the Civil Code of the Philippines, and relevant intellectual property legislation. It provides comprehensive protection while remaining flexible enough to accommodate various business relationships and types of confidential information. The document is particularly important in the current digital business environment where information protection has become increasingly critical.
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1. Parties: Identification of the disclosing and receiving parties, including complete legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information,' 'Trade Secrets,' and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
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. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents the receiving party from soliciting employees or customers, used when parties are competitors or in sensitive business relationships
2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012, required when personal data is involved
3. Assignment: Rules regarding the transfer of rights and obligations, important for corporate transactions
4. Reverse Engineering Prohibition: Specifically prohibits reverse engineering of products or technologies, important for technical or product-related NDAs
5. Residual Information: Addresses the use of information retained in memory, important for professional services relationships
6. Export Control: Compliance with export control laws, necessary when dealing with regulated technologies or international parties
1. Schedule A - Detailed Description of Confidential Information: Specific list or categories of confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Education
Retail and E-commerce
Telecommunications
Research and Development
Pharmaceutical
Energy and Utilities
Media and Entertainment
Construction
Food and Beverage
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Sales
Compliance
Product Development
Strategy
Relevant Roles
Chief Executive Officer
Legal Counsel
Human Resources Manager
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Investment Manager
Operations Manager
Procurement Manager
Chief Financial Officer
Compliance Officer
Product Manager
Sales Director
Strategy Consultant
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