This Perpetual NDA template is designed for use in situations requiring indefinite protection of confidential information under Philippine jurisdiction. It is particularly relevant for business relationships involving sensitive intellectual property, trade secrets, or proprietary information that requires protection beyond a standard fixed-term NDA. The document incorporates requirements from Philippine legislation, including the Civil Code, Intellectual Property Code, and Data Privacy Act, making it suitable for both domestic and international business relationships. The perpetual nature of the agreement ensures that confidential information remains protected indefinitely, making it especially valuable for critical business secrets, innovative technologies, or sensitive operational information that maintains its value over time.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, explaining the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the scope of protection
5. Obligations of Receiving Party: Specific duties and responsibilities regarding the handling and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
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 request or termination
9. Duration and Survival: Specification of the perpetual nature of obligations and which provisions survive
10. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the confidential information includes patents, trademarks, or other IP
2. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act when personal data is involved
3. Corporate Authority: Representations regarding authority to enter into the agreement, useful for corporate entities
4. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant to the business relationship
5. Export Control: Provisions regarding international data transfer restrictions, relevant for cross-border agreements
6. Force Majeure: Provisions addressing extraordinary circumstances affecting confidentiality obligations
7. Insurance Requirements: Specifications for insurance coverage related to data protection and cyber security
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Notification Template: Standard form for notifications regarding any breaches or required disclosures
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