NDA And Confidentiality Agreement

NDA And Confidentiality Agreement Template for Philippines

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Key Requirements PROMPT example:

"I need an NDA and Confidentiality Agreement for a potential joint venture partnership between my tech startup and a foreign investor, with specific provisions for protecting our software source code and AI algorithms, to be effective from March 2025."

Document background

This NDA and Confidentiality Agreement template is designed for use in the Philippines, incorporating essential elements required under Philippine law for protecting confidential information in various business contexts. The document is particularly relevant when parties need to share sensitive business information, trade secrets, proprietary technology, or personal data during business negotiations, employment relationships, or commercial partnerships. It ensures compliance with key Philippine legislation including the Data Privacy Act of 2012, the Civil Code, and the Intellectual Property Code, while providing flexible provisions that can be customized based on specific business needs. The agreement is structured to be enforceable in Philippine courts and includes provisions for both digital and physical information security.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and business registration details

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Authorized Representatives', 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 use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request

9. Remedies: Available remedies in case of breach, including injunctive relief and damages

10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Solicitation: Prohibits solicitation of employees or customers, used when parties have access to personnel or customer information

2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012, needed when personal data is involved

3. Digital Security Measures: Specific requirements for digital security, used when confidential information is shared electronically

4. Competitive Restrictions: Additional restrictions on competitive activities, used in business-sensitive contexts

5. Export Control: Compliance with export control laws, needed when dealing with international transfers of technology or data

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term NDAs

7. Alternative Dispute Resolution: Mediation or arbitration provisions, useful for international agreements or when parties prefer private dispute resolution

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information

4. Schedule D - Data Processing Requirements: Specific requirements for processing personal data under Philippine law, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Real Estate

Retail

Telecommunications

Education

Energy

Construction

Business Process Outsourcing

Research and Development

Pharmaceutical

Entertainment and Media

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research and Development

Information Technology

Finance

Operations

Procurement

Compliance

Corporate Strategy

Mergers and Acquisitions

Information Security

Product Development

Relevant Roles

Chief Executive Officer

Legal Counsel

Human Resources Manager

Business Development Manager

Project Manager

Research Director

Chief Technology Officer

Chief Financial Officer

Procurement Manager

Operations Manager

Investment Analyst

Managing Director

Department Head

Compliance Officer

Intellectual Property Manager

Information Security Officer

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