This Nondisclosure Agreement (NDA) is essential for businesses operating in the Philippines who need to protect confidential information during business discussions, negotiations, or relationships. The document is specifically tailored to comply with Philippine law, including the Civil Code, Data Privacy Act of 2012, and Intellectual Property Code. It should be used whenever sensitive information needs to be shared with external parties or employees, covering areas such as trade secrets, proprietary technology, business strategies, customer data, and financial information. The agreement provides legal remedies under Philippine jurisdiction in case of breach and includes provisions for both physical and digital information protection. This NDA template is particularly relevant given the Philippines' growing technology and outsourcing sectors, where protection of confidential information is crucial.
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1. Parties: Identification of the disclosing party and receiving party with complete legal names and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information
3. Definitions: Definition of confidential information, trade secrets, and other key terms used in the agreement
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
6. Security Measures: Specific measures required to protect confidential information
7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and termination provisions
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents poaching of employees or clients, included when there's significant employee interaction or client exposure
2. Data Privacy Compliance: Specific provisions addressing compliance with the Philippine Data Privacy Act, included when personal data is involved
3. Export Control: Included when confidential information may be subject to export control laws
4. Residual Information: Addresses use of information retained in unaided memory, included for technology companies or when requested by receiving party
5. Competitive Activities: Clarifies that agreement doesn't restrict certain competitive activities, included when parties are competitors
6. Information Security Standards: Detailed IT security requirements, included when dealing with sensitive digital information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed
4. Appendix A - Acknowledgment Form: Form for employees or subcontractors to acknowledge NDA obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Telecommunications
Business Process Outsourcing
Real Estate
Retail
Energy
Mining
Agriculture
Education
Pharmaceutical
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Information Security
Corporate Communications
Intellectual Property
Risk Management
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Human Resources Director
Project Manager
Research and Development Director
Chief Technology Officer
Procurement Manager
Investment Manager
Operations Director
Chief Financial Officer
Intellectual Property Manager
Compliance Officer
Information Security Officer
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