The Technology NDA is essential for businesses operating in the Philippines' growing technology sector. It is particularly crucial when parties need to share sensitive technical information, source code, development methodologies, or other proprietary technology-related data. This document is structured to comply with Philippine laws, including the Data Privacy Act of 2012, E-Commerce Act, and Cybercrime Prevention Act, while providing comprehensive protection for both digital and physical forms of confidential information. The Technology NDA is commonly used in software development projects, technology partnerships, IT service agreements, and technology licensing discussions, where protection of intellectual property and technical know-how is paramount. It includes specific provisions for digital asset protection, data security requirements, and electronic communication handling, making it suitable for modern technology business operations in the Philippines.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and corporate details
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Define key terms including 'Confidential Information', 'Technology', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on technological aspects
5. Obligations of Receiving Party: Core confidentiality obligations, including security measures, access restrictions, and handling of digital information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Data Protection and Security: Specific measures for protecting digital data and compliance with Philippine data protection laws
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital copies and backups
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Electronic Communications: Special provisions for electronic transmission and storage of confidential information, recommended when significant digital communication is expected
2. Source Code Protection: Specific provisions for protecting software source code, needed when software development is involved
3. Third Party Disclosure: Additional provisions for cases where third party contractors or service providers need access to confidential information
4. International Transfer of Data: Provisions for cross-border data transfers, necessary when parties operate internationally
5. Non-Solicitation: Restrictions on soliciting employees or customers, useful in competitive business contexts
6. Residual Knowledge: Provisions addressing the use of retained knowledge by individuals exposed to confidential information, important in technology consulting relationships
1. Schedule A - Description of Technical Information: Detailed listing of specific technical information covered by the NDA
2. Schedule B - Security Protocols: Specific security measures and protocols for handling confidential information
3. Schedule C - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule D - Data Processing Requirements: Specific requirements for data processing in compliance with Philippine data protection laws
5. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or contractors who will access confidential information
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Hardware Manufacturing
Telecommunications
Digital Services
Cybersecurity
Artificial Intelligence
Cloud Computing
Biotechnology
Financial Technology
E-commerce
Electronics Manufacturing
Research and Development
Digital Healthcare
Internet of Things
Relevant Teams
Legal
Information Technology
Software Development
Information Security
Research and Development
Product Development
Innovation
Digital Operations
Technical Support
Data Protection
Project Management
Procurement
Intellectual Property
Systems Architecture
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Chief Information Security Officer
Project Manager
System Architect
Software Engineer
Legal Counsel
Intellectual Property Manager
Data Protection Officer
Research and Development Director
Technical Consultant
Product Manager
Information Security Manager
Technology Procurement Manager
Innovation Director
Digital Transformation Lead
Technical Operations Manager
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