This Reciprocal Non-Disclosure Agreement template is specifically designed for use under Philippine law when two parties need to share confidential information while ensuring mutual protection. It is particularly relevant for business negotiations, joint ventures, potential partnerships, or any situation where bilateral exchange of sensitive information is necessary. The document complies with Philippine legal requirements, including the Civil Code (Republic Act No. 386), Data Privacy Act of 2012 (Republic Act No. 10173), and relevant intellectual property legislation. It includes comprehensive definitions of confidential information, clear obligations for both parties, and specific provisions for enforcement under Philippine jurisdiction. This template is structured to provide equal protection to both parties, reflecting their dual roles as both disclosers and recipients of confidential information.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, addresses, and company registration details
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Disclosure and Use of Confidential Information: Core obligations regarding the handling and use of confidential information, including permitted purposes and security measures
5. Protection of Confidential Information: Specific measures required to maintain confidentiality and prevent unauthorized access or disclosure
6. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
7. Duration and Termination: Term of the agreement and survival of obligations after termination
8. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions specifically addressing compliance with the Data Privacy Act of 2012, required when personal data is involved
2. Electronic Storage and Transmission: Specific provisions for electronic handling of confidential information, recommended when information will be shared digitally
3. Representatives and Permitted Disclosures: Detailed provisions about who can access the information and under what circumstances, useful for complex organizational structures
4. Securities Law Compliance: Additional provisions required when parties are public companies or when information might affect securities trading
5. Intellectual Property Rights: Specific provisions addressing IP ownership and rights, needed when confidential information includes IP
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the types of confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Schedule 4 - Form of Acknowledgment: Template for representatives to acknowledge their confidentiality obligations
5. Schedule 5 - Data Processing Requirements: Specific requirements for data processing if personal data is involved, in compliance with the Data Privacy Act
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Retail
Telecommunications
Energy
Construction
Pharmaceuticals
Education
Automotive
Agriculture
Mining
Entertainment
Food and Beverage
Logistics
Software Development
Business Process Outsourcing
Relevant Teams
Legal
Executive Leadership
Business Development
Corporate Strategy
Research and Development
Information Technology
Human Resources
Procurement
Operations
Finance
Compliance
Intellectual Property
Corporate Communications
Project Management
Investment
Risk Management
Marketing
Product Development
Engineering
Quality Assurance
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Business Development Manager
Chief Technology Officer
Chief Financial Officer
Project Manager
Corporate Secretary
Procurement Manager
Research and Development Director
Human Resources Director
Operations Manager
Strategic Partnership Manager
Investment Manager
Compliance Officer
Legal Counsel
Contract Manager
Intellectual Property Manager
Chief Information Officer
Chief Operating Officer
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