This Perpetual Non-Disclosure Agreement is essential for business relationships in the Philippines where ongoing protection of confidential information is critical. It is particularly useful in situations involving long-term business partnerships, joint ventures, or strategic collaborations where sensitive information needs perpetual protection. The agreement complies with Philippine legislation, including the Civil Code (Republic Act No. 386), Data Privacy Act of 2012 (Republic Act No. 10173), and Intellectual Property Code (Republic Act No. 8293). It covers various types of confidential information, from trade secrets and proprietary technology to business strategies and customer data, providing comprehensive protection without a time limitation. This document is commonly used in corporate transactions, technology transfers, and business negotiations where indefinite confidentiality protection is required.
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1. Parties: Identifies and provides full details of the parties entering into the NDA, including registered addresses and company registration numbers if applicable
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon request or termination
9. Duration and Survival: Establishes the perpetual nature of the obligations and which provisions survive
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act of 2012, necessary when personal data is involved
2. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, needed when confidential information includes IP
3. Digital Security Measures: Specific provisions for digital security when confidential information is stored or transmitted electronically
4. Competition Law Compliance: Provisions ensuring compliance with competition laws, necessary when parties are competitors
5. International Transfer of Data: Provisions governing cross-border data transfers, required when parties are from different jurisdictions
6. Audit Rights: Provisions allowing audit of compliance with confidentiality obligations, useful for high-risk relationships
1. Schedule 1 - Categories of Confidential Information: Detailed list or description of specific types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Pharmaceuticals
Telecommunications
Research and Development
Energy
Real Estate
Retail
Education
Engineering
Biotechnology
Entertainment
Relevant Teams
Legal
Human Resources
Research and Development
Executive Leadership
Information Technology
Business Development
Operations
Finance
Procurement
Product Development
Compliance
Innovation
Corporate Strategy
Information Security
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Business Development Manager
Research Director
Product Manager
Human Resources Director
Investment Manager
Operations Manager
Procurement Manager
Project Manager
Technical Consultant
Systems Architect
Innovation Director
Compliance Officer
Intellectual Property Manager
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