The Mutual Non Circumvention Non Disclosure Agreement (NCNDA) is essential for businesses and individuals operating in the Philippines who are exploring potential partnerships, joint ventures, or business opportunities. This document is particularly crucial in the Philippine business environment, where relationship-based business practices are common and protection of business connections is vital. The agreement combines non-disclosure provisions that comply with the Data Privacy Act of 2012 and other relevant Philippine regulations, with non-circumvention clauses that prevent parties from bypassing each other in business dealings. It's commonly used during initial business discussions, due diligence processes, and when sharing sensitive business opportunities or confidential information. The document provides legal remedies under Philippine law in case of breach and can be customized to address specific industry requirements or business relationships.
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1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and registration details
2. Background: Context of the agreement, including the business relationship between the parties and their intention to share confidential information and business opportunities
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Business Opportunity', 'Circumvention', 'Authorized Representatives', and other relevant terms
4. Scope of Agreement: Defines the scope of protected information and business opportunities covered by the agreement
5. Non-Disclosure Obligations: Detailed obligations regarding the protection, handling, and non-disclosure of confidential information
6. Non-Circumvention Obligations: Specific commitments not to bypass or circumvent the other party in business dealings and opportunities
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
8. Term and Survival: Duration of the agreement and which provisions survive termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. General Provisions: Standard contractual provisions including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions protecting intellectual property, particularly relevant when sharing technical information or trade secrets
2. Digital Security Measures: Specific requirements for protecting electronically stored or transmitted confidential information, recommended when dealing with digital assets
3. Competitive Restrictions: Additional restrictions on competitive activities, useful when parties are potential competitors
4. Dispute Resolution: Detailed alternative dispute resolution procedures, recommended for international agreements or high-value relationships
5. Force Majeure: Provisions for unforeseen circumstances affecting compliance, particularly relevant in long-term agreements
6. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012, necessary when personal data is involved
1. Schedule A - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule B - Specific Business Opportunities: Detailed description of specific business opportunities covered by the non-circumvention provisions
3. Schedule C - Categories of Confidential Information: Detailed categorization of the types of confidential information covered
4. Appendix 1 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Appendix 2 - Notification Requirements: Detailed procedures for required notifications under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Financial Services
Professional Services
Real Estate Development
International Trade
Healthcare and Pharmaceuticals
Energy and Resources
Telecommunications
Business Consulting
Investment and Private Equity
Research and Development
Relevant Teams
Legal
Business Development
Executive Leadership
Corporate Development
Mergers and Acquisitions
Strategic Partnerships
International Business
Operations
Finance
Compliance
Contract Administration
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Chief Financial Officer
Investment Manager
Managing Director
Commercial Director
Operations Manager
Project Manager
Corporate Development Officer
Strategic Partnership Manager
Merger & Acquisition Director
International Business Manager
Contract Administrator
Business Owner
Venture Capital Manager
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