The Mutual Non-Disclosure Non-Compete Agreement is essential for business relationships in the Philippines where parties need to share sensitive information while protecting against competitive threats. This document is particularly relevant when entering into strategic partnerships, joint ventures, or business negotiations where confidential information exchange is necessary. It complies with Philippine legal requirements, including the Data Privacy Act of 2012, the Civil Code, and Constitutional provisions protecting the right to work. The agreement typically includes detailed provisions on confidential information handling, specific competitive restrictions, geographical limitations, and duration of obligations. It's designed to be enforceable under Philippine law while maintaining reasonable restrictions that courts will uphold.
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1. Parties: Identification of all parties to the agreement with their complete legal names, addresses, and corporate details if applicable
2. Background: Context of the agreement, including the nature of the business relationship and reason for sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Competitive Activities', and 'Territory'
4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and permitted uses of confidential information
5. Non-Competition Obligations: Specific restrictions on competitive activities, including scope, duration, and geographical limitations that comply with Philippine law
6. Term and Survival: Duration of the agreement and which provisions survive termination
7. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
8. Security Measures: Required security measures for protecting confidential information, aligned with Data Privacy Act requirements
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendment process, and severability
1. Permitted Disclosures: Specific circumstances under which disclosure is permitted, such as to professional advisors or as required by law
2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers, if relevant to the business relationship
3. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act of 2012, necessary when personal data is involved
4. Intellectual Property Rights: Additional provisions regarding IP rights and ownership, particularly relevant for R&D or technology-focused relationships
5. Export Control: Provisions regarding compliance with export control laws, necessary for international business relationships
6. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term relationships
1. Schedule A - Description of Confidential Information: Detailed categorization and description of the types of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Competitive Activities: Detailed description of prohibited competitive activities and territorial scope
4. Schedule D - Security Protocols: Specific security measures and protocols required for handling confidential information
5. Appendix 1 - Data Processing Requirements: Specific requirements for data processing under the Data Privacy Act, if applicable
6. Appendix 2 - Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
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