The Non Disclosure Agreement For Employees is a crucial legal document used in the Philippines to protect an organization's confidential information, trade secrets, and intellectual property in the context of employment relationships. This agreement should be implemented at the start of employment or when an existing employee gains access to sensitive information. It ensures compliance with Philippine legislation, including the Data Privacy Act of 2012 and the Labor Code, while providing clear guidelines on handling confidential information and consequences of unauthorized disclosure. The document is particularly important in today's digital business environment where data protection is paramount and intellectual property represents significant corporate value.
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1. Parties: Identification of the employer company and the employee, including their respective addresses and registration/identification details
2. Background: Context of the agreement, explaining the employment relationship and need for confidentiality
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Employee's specific duties regarding maintaining confidentiality and prohibited actions
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized business purposes
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
8. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-employment
9. Security Measures: Specific measures the employee must take to protect confidential information
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and severability
1. Intellectual Property Rights: Additional provisions specifically addressing IP ownership and rights, used when the employee's role involves creation of IP
2. Non-Competition: Restrictions on working with competitors, used when permitted under local law and necessary for business protection
3. Data Privacy Compliance: Specific provisions relating to personal data handling, required when the role involves processing personal data
4. Third Party Information: Provisions regarding confidential information belonging to clients or business partners, used when employee will have access to such information
5. International Transfer of Data: Provisions for handling international data transfers, needed when company operates across multiple jurisdictions
6. Social Media and Public Communications: Guidelines for social media use and public communications, relevant for customer-facing roles or roles with social media access
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Security Protocols: Detailed security procedures and protocols that the employee must follow
3. Schedule 3 - Authorized Disclosure Recipients: List of persons or entities to whom confidential information may be disclosed
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of confidential information
5. Appendix B - Exit Procedures: Procedures to be followed regarding confidential information when employment ends
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