This Non-Disclosure Agreement Government Contracting template addresses the specific needs of government entities and private parties entering into confidential relationships in the Philippines. It is essential when private contractors, consultants, or service providers require access to sensitive government information or when government agencies need to protect confidential information during procurement processes, project implementations, or other collaborative endeavors. The document ensures compliance with key Philippine legislation including the Government Procurement Reform Act (RA 9184), Data Privacy Act (RA 10173), and relevant civil service regulations. It balances the need for confidentiality with public sector transparency requirements and includes specific provisions for data protection, security measures, and authorized disclosures under Filipino law.
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1. Parties: Identification of the government agency and the other contracting party, including their legal authority to contract
2. Background: Context of the agreement and relationship between parties, including the government project or purpose
3. Definitions: Detailed definitions of Confidential Information, Government Information, Trade Secrets, and other key terms
4. Scope of Confidentiality: Specific description of information covered by the NDA, including government-specific classifications
5. Obligations of Confidentiality: Detailed obligations regarding handling and protecting confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including FOIA requirements
7. Security Measures: Required security protocols and measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and amendments
12. Execution: Signature blocks and formal execution requirements for government contracts
1. Data Privacy Compliance: Additional section when personal data processing is involved, addressing Data Privacy Act requirements
2. Intellectual Property Rights: Include when confidential information includes IP or technical information
3. International Transfer of Data: Required when confidential information may be transferred outside Philippines
4. Government Audit Rights: Include for high-security or sensitive government contracts
5. Subcontractor Obligations: Include when contractor may need to share information with subcontractors
6. Special Government Requirements: For specific agency requirements or regulations
7. Public Disclosure Obligations: When dealing with publicly listed companies or specific public disclosure requirements
1. Schedule A - Categories of Confidential Information: Detailed listing of types of confidential information covered
2. Schedule B - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols to be followed
4. Schedule D - Approved Subcontractors: If applicable, list of approved subcontractors who may access information
5. Appendix 1 - Data Processing Requirements: Specific requirements for handling personal or sensitive data
6. Appendix 2 - Government Classification Guidelines: Reference to relevant government information classification guidelines
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