The Personal Information Confidentiality Agreement is essential for organizations operating in the Philippines that collect, process, or handle personal information. This document is designed to comply with the requirements of the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations. It should be used whenever an organization needs to share personal information with employees, contractors, service providers, or other third parties. The agreement covers various aspects of data protection, including security measures, breach reporting procedures, and data subject rights. It's particularly important given the strict penalties for data privacy violations under Philippine law and the increasing focus on data protection compliance by the National Privacy Commission.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and representatives
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential personal information
3. Definitions: Definitions of key terms including 'Personal Information', 'Confidential Information', 'Processing', 'Data Subject' as aligned with the Data Privacy Act
4. Scope of Confidential Information: Detailed description of what constitutes confidential personal information under the agreement
5. Obligations of Receiving Party: Specific duties regarding handling, protection, and non-disclosure of personal information
6. Security Measures: Required technical and organizational measures to protect confidential personal information
7. Authorized Use: Permitted uses of the confidential personal information and conditions for processing
8. Data Breach Notification: Procedures and timeframes for reporting data breaches as per Philippine law
9. Return or Destruction of Information: Requirements for returning or destroying confidential information upon agreement termination
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. International Data Transfers: Required when personal information will be transferred outside the Philippines, specifying compliance with cross-border data transfer requirements
2. Industry-Specific Requirements: Additional provisions for specific industries (e.g., healthcare, banking) with special data protection requirements
3. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance with the agreement
4. Insurance Requirements: Specifications for required insurance coverage for data protection and cyber liability
5. Subcontractor Provisions: Required when the receiving party may need to engage subcontractors to process the personal information
1. Schedule A - Categories of Personal Information: Detailed list of personal information types covered by the agreement
2. Schedule B - Security Requirements: Specific technical and organizational security measures required for compliance
3. Schedule C - Authorized Personnel: List of individuals authorized to access the confidential personal information
4. Schedule D - Data Processing Activities: Detailed description of allowed processing activities and purposes
5. Appendix 1 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix 2 - Compliance Checklist: Checklist of requirements under Philippine data protection laws
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Financial Services
Technology
Education
Telecommunications
Professional Services
Human Resources
E-commerce
Insurance
Business Process Outsourcing
Legal Services
Government Services
Real Estate
Retail
Manufacturing
Relevant Teams
Legal
Compliance
Human Resources
Information Technology
Information Security
Data Protection
Risk Management
Operations
Customer Service
Marketing
Research and Development
Finance
Administration
Records Management
Project Management
Relevant Roles
Data Protection Officer
Privacy Officer
Compliance Manager
HR Manager
IT Security Manager
Systems Administrator
Database Administrator
Customer Service Representative
Marketing Manager
Legal Counsel
Information Security Officer
Risk Manager
Operations Manager
Project Manager
Research Analyst
Healthcare Administrator
Financial Analyst
Records Manager
Business Analyst
Contract Administrator
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