The Release of Confidentiality Form is a crucial legal instrument used in the Philippines when parties need to formally terminate or modify existing confidentiality obligations. This document becomes necessary in various scenarios, such as after the completion of projects, post-business transactions, employee departures, or when confidential information becomes public knowledge through legitimate means. The form must comply with Philippine legislation, particularly the Data Privacy Act of 2012 and relevant provisions of the Civil Code. It typically includes details about the original confidentiality agreement, specific information being released, any remaining obligations, and necessary warranties. The document serves to protect both the releasing and released parties by clearly documenting the scope and terms of the confidentiality release.
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1. Parties: Identification of the party releasing confidentiality obligations (Releaser) and the party being released (Releasee), including complete legal names and addresses
2. Background: Context of the original confidentiality agreement or obligation, including date, purpose, and reference to the original agreement
3. Definitions: Clear definitions of key terms including 'Confidential Information,' 'Release Date,' and any other relevant terms
4. Scope of Release: Specific description of what confidential information is being released from confidentiality obligations
5. Terms of Release: Express statement of release from confidentiality obligations and any conditions or limitations
6. Surviving Obligations: Specification of any confidentiality obligations that will survive this release
7. Representations and Warranties: Statements confirming authority to grant release and other relevant assurances
8. Governing Law: Specification that Philippine law governs the release
9. Execution: Signature blocks and execution requirements
1. Partial Release: Used when only certain aspects of the confidential information are being released while others remain protected
2. Third Party Rights: Include when the confidential information involves third party rights or when third parties need to be notified of the release
3. Data Privacy Compliance: Additional section when personal data under the Data Privacy Act is involved in the release
4. Intellectual Property Rights: Include when the confidential information includes IP rights that need special treatment
5. Return or Destruction of Materials: Used when physical or electronic materials containing confidential information need to be returned or destroyed
1. Schedule A - Original Confidentiality Agreement: Copy or extract of the original confidentiality agreement being released
2. Schedule B - Released Information: Detailed list or description of the specific confidential information being released
3. Schedule C - Retained Obligations: List of any confidentiality obligations that will continue to remain in effect
4. Appendix 1 - Authorized Signatories: Documentation of signing authority if corporate entities are involved
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Information Security
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