The Confidentiality And Nondisclosure Agreement Form is an essential legal instrument used in the Philippines when parties need to share sensitive or proprietary information while ensuring its protection and confidentiality. This document is commonly employed during business negotiations, employment relationships, partnerships, or any situation where confidential information needs to be disclosed to another party. The agreement is structured to comply with Philippine legal requirements, including the Data Privacy Act of 2012, the Civil Code, and the Intellectual Property Code. It typically includes detailed provisions on what constitutes confidential information, permitted uses, security measures, duration of confidentiality obligations, and remedies for breach. The document is particularly important in the Philippine business context, where protection of trade secrets and proprietary information is crucial for maintaining competitive advantage and ensuring compliance with local data protection regulations.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Disclosing Party', 'Receiving Party', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including protection measures, non-use, non-disclosure, 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: Legal remedies available in case of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Privacy Compliance: Additional provisions for compliance with the Data Privacy Act of 2012 when personal data is involved
2. Digital Security Measures: Specific requirements for protecting digital information and cybersecurity protocols
3. Employee and Representative Obligations: Additional provisions for ensuring compliance by employees and representatives
4. International Transfer of Information: Specific provisions for cross-border transfer of confidential information
5. Intellectual Property Rights: Additional provisions clarifying IP ownership and rights when relevant
6. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
7. Competitive Activities: Restrictions on competitive activities during the confidentiality period
1. Schedule A - Designated Confidential Information: Detailed list or categories of specific confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will have access to confidential information
5. Appendix 2 - Data Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information
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