The Non Disclosure Non Circumvention And Non Competition Agreement is essential in Philippine business relationships where parties need to protect sensitive information and business interests during negotiations or ongoing partnerships. This document is particularly relevant in the Philippine context where business relationships often involve multiple stakeholders and cross-border transactions. It combines confidentiality provisions to protect sensitive information, non-circumvention clauses to prevent parties from bypassing each other in business dealings, and non-competition restrictions to maintain competitive advantages. The agreement must comply with Philippine laws, including the Data Privacy Act of 2012 and the Philippine Competition Act, while being enforceable under local jurisdiction. It's commonly used in business negotiations, joint ventures, consulting arrangements, and other professional relationships where protection of business interests is paramount.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and corporate details
2. Background: Context of the agreement, including the nature of the business relationship and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Confidential Information', 'Business Opportunity', 'Competitive Activities', etc.
4. Confidentiality Obligations: Detailed provisions regarding the protection, handling, and non-disclosure of confidential information
5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings or directly approaching disclosed contacts
6. Non-Competition Obligations: Restrictions on competitive activities, including scope, duration, and geographical limitations
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Remedies and Enforcement: Legal remedies available in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions specifically protecting intellectual property, used when the relationship involves IP transfer or creation
2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act, used when personal data processing is involved
3. Permitted Disclosures: Exceptions to confidentiality obligations, used in cases where certain disclosures may be necessary or required by law
4. Representatives and Warranties: Additional warranties regarding authority, information accuracy, and non-infringement, used in more complex business relationships
5. Assignment and Delegation: Provisions regarding the transfer of rights and obligations, used when such flexibility might be needed
6. Survival Clauses: Specific provisions that continue after agreement termination, used in high-risk or high-value relationships
7. Alternative Dispute Resolution: Mediation or arbitration provisions, used for international agreements or when preferred over court litigation
1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule B - Restricted Business Activities: Specific description of prohibited competitive activities and business sectors
3. Schedule C - Territorial Scope: Detailed description of geographical areas where restrictions apply
4. Schedule D - Protected Relationships: List of specific business relationships, contacts, or opportunities protected under non-circumvention
5. Schedule E - Authorized Representatives: List of individuals authorized to receive or handle confidential information
6. Appendix 1 - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
7. Appendix 2 - Security Protocols: Technical and organizational security measures required for protecting confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software Development
Manufacturing and Industrial
Professional Services
Financial Services
Healthcare and Pharmaceuticals
Retail and E-commerce
Telecommunications
Research and Development
Energy and Resources
Real Estate and Construction
Business Process Outsourcing
Entertainment and Media
Food and Beverage
Biotechnology
Education and Training
Relevant Teams
Legal
Business Development
Executive Leadership
Research and Development
Sales
Operations
Human Resources
Finance
Information Technology
Procurement
Strategic Planning
Product Development
Compliance
Intellectual Property
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Technology Officer
Project Manager
Investment Manager
Research Director
Sales Director
Strategic Partnership Manager
Operations Manager
Product Development Manager
Procurement Manager
Human Resources Director
Chief Financial Officer
Intellectual Property Manager
Compliance Officer
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