Broker Confidentiality Agreement Template for Philippines

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Key Requirements PROMPT example:

Broker Confidentiality Agreement

"I need a Broker Confidentiality Agreement for my real estate firm that will be working with multiple international property developers starting January 2025, with special emphasis on protecting client databases and development plans across our Southeast Asian operations."

Document background

The Broker Confidentiality Agreement is essential for protecting sensitive information in broker-client relationships within the Philippine jurisdiction. This document is typically used when engaging brokers for various transactions, including securities trading, real estate deals, or business intermediary services. It ensures compliance with key Philippine legislation, including the Data Privacy Act of 2012 (RA 10173) and the Securities Regulation Code (RA 8799). The agreement is crucial when brokers need access to confidential business information, financial data, or proprietary information to perform their services. It establishes clear obligations for information handling, data protection measures, and consequences of breach, while accounting for specific requirements under Philippine law regarding data privacy and securities regulation.

Suggested Sections

1. Parties: Identification of the disclosing party (typically the client) and the receiving party (the broker), including complete legal names and addresses

2. Background: Context of the agreement, nature of the broker's services, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Trade Secrets'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations of the broker regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law

7. Data Protection and Security: Specific measures required to protect confidential information, complying with the Data Privacy Act

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Term and Survival: Duration of the agreement and which obligations survive termination

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Insider Trading Prevention: Additional provisions specifically for listed companies or securities-related information

2. Digital Information Handling: Specific provisions for digital data protection and cybersecurity measures

3. Third Party Rights: Provisions regarding the rights of third parties whose confidential information may be involved

4. Non-Solicitation: Restrictions on soliciting employees or clients, if relevant to the business relationship

5. Intellectual Property Rights: Specific provisions protecting IP rights when confidential information includes proprietary technology or trade secrets

6. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations

7. Securities Market Compliance: Additional provisions for compliance with securities regulations when dealing with market-sensitive information

Suggested Schedules

1. Schedule 1 - Designated Representatives: List of authorized representatives who may access confidential information

2. Schedule 2 - Security Protocols: Detailed security measures and protocols for handling confidential information

3. Schedule 3 - Information Classification Guide: Guidelines for classification of different types of confidential information

4. Appendix A - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information

5. Appendix B - Incident Response Plan: Procedures to follow in case of unauthorized disclosure or security breach

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Real Estate

Securities Trading

Insurance

Investment Banking

Commercial Property

Commodities Trading

Wealth Management

Corporate Finance

Private Equity

Asset Management

Investment Advisory

Relevant Teams

Legal

Compliance

Risk Management

Data Protection

Operations

Corporate Finance

Investment Banking

Wealth Management

Business Development

Information Security

Privacy Office

Corporate Secretariat

Regulatory Affairs

Relevant Roles

Broker

Securities Trader

Real Estate Agent

Investment Advisor

Compliance Officer

Legal Counsel

Risk Manager

Chief Privacy Officer

Data Protection Officer

Business Development Manager

Investment Banking Associate

Wealth Management Advisor

Corporate Finance Manager

Chief Financial Officer

Operations Director

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