The Master Protection Agreement serves as a foundational document for organizations needing to establish robust protection mechanisms for confidential information and intellectual property in the Philippines. It is particularly relevant in today's digital business environment where data protection and information security are crucial. The agreement complies with Philippine regulations, including the Data Privacy Act of 2012 and the Intellectual Property Code, while providing flexibility to accommodate various business relationships and types of protected information. This document is typically used when parties need a comprehensive framework for long-term protection of sensitive information, whether in joint ventures, service provider relationships, or other business collaborations. It includes detailed provisions for security measures, breach notification procedures, and compliance requirements specific to the Philippine jurisdiction.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement, including Protected Information, Confidential Information, and Security Measures
4. Scope of Protection: Defines what information is protected and the extent of protection obligations
5. Confidentiality Obligations: Core obligations regarding the handling and protection of confidential information
6. Security Measures: Required technical and organizational measures for protecting information
7. Permitted Disclosures: Circumstances under which protected information may be disclosed
8. Data Privacy Compliance: Obligations under the Philippine Data Privacy Act and related regulations
9. Return or Destruction of Information: Procedures for handling protected information upon termination or request
10. Breach Notification: Requirements and procedures for reporting security incidents or breaches
11. Term and Termination: Duration of the agreement and termination provisions
12. Remedies: Available remedies in case of breach, including injunctive relief
13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the agreement involves technical information or trade secrets
2. Cross-Border Data Transfers: Required when protected information will be transferred outside the Philippines
3. Audit Rights: Provisions allowing audit of security measures and compliance, typically included for regulated industries
4. Insurance Requirements: Specific insurance obligations for high-value or high-risk protection obligations
5. Third-Party Access: Detailed provisions for when third-party contractors or service providers need access to protected information
6. Data Processing Requirements: Detailed data processing obligations when one party processes personal data on behalf of the other
7. Industry-Specific Compliance: Additional compliance requirements for specific regulated industries (e.g., financial services, healthcare)
1. Schedule 1 - Protected Information: Detailed categorization and listing of protected information types
2. Schedule 2 - Security Requirements: Technical and organizational security measures required for different types of protected information
3. Schedule 3 - Authorized Personnel: List of authorized personnel or roles permitted to access protected information
4. Schedule 4 - Approved Subcontractors: List of approved third-party contractors or service providers, if applicable
5. Schedule 5 - Data Processing Details: Specific details about data processing activities, including purposes, categories, and duration
6. Appendix A - Incident Response Plan: Detailed procedures for responding to security incidents or breaches
7. Appendix B - Compliance Checklist: Checklist of compliance requirements and security measures
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