This NDA Data Protection agreement is designed for use in business relationships where parties need to share both confidential business information and personal data in the Philippines. It is particularly relevant when organizations need to comply with the Data Privacy Act of 2012 while protecting their proprietary information. The document should be used when parties are engaging in business discussions, collaborations, or service arrangements that involve the exchange of sensitive information and processing of personal data. It includes comprehensive provisions for data protection, security requirements, breach notification procedures, and compliance with Philippine privacy regulations. This template is especially useful for businesses operating in regulated industries, technology service providers, and companies handling significant amounts of personal data in their operations.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information and personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Subject, Security Measures, and other relevant terms as per Philippine Data Privacy Act
4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information, standard of care, and permitted uses
5. Data Protection Compliance: Obligations under the Data Privacy Act, including data processing principles, security measures, and compliance with NPC regulations
6. Security Measures: Specific technical and organizational measures required to protect confidential information and personal data
7. Breach Notification: Procedures for reporting and handling data breaches and confidentiality breaches
8. Return or Destruction of Information: Requirements for returning or destroying confidential information and personal data upon termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendments
1. International Data Transfers: Required when confidential information or personal data will be transferred outside the Philippines
2. Subprocessing: Include when the receiving party may need to engage subcontractors to process the confidential information or personal data
3. Intellectual Property Rights: Include when confidential information includes IP-protected materials
4. Data Subject Rights: Include when the agreement involves processing of personal data where data subjects may exercise their rights under the Data Privacy Act
5. Insurance Requirements: Include when specific insurance coverage for data protection risks is required
6. Audit Rights: Include when the disclosing party requires rights to audit the receiving party's compliance
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information and personal data
3. Schedule 3 - Security Measures: Detailed technical and organizational security measures to be implemented
4. Schedule 4 - Data Processing Details: Details of personal data processing activities including purposes, categories of data, and retention periods
5. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Healthcare
Financial Services
Business Process Outsourcing
E-commerce
Professional Services
Telecommunications
Education
Insurance
Manufacturing
Research and Development
Retail
Relevant Teams
Legal
Compliance
Information Security
Information Technology
Risk Management
Human Resources
Operations
Procurement
Data Privacy
Contract Management
Business Development
Research and Development
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Legal Counsel
Compliance Manager
IT Director
Business Development Manager
Project Manager
Human Resources Director
Operations Manager
Risk Manager
Procurement Manager
Information Security Manager
Contract Administrator
Chief Technology Officer
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