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Confidentiality Agreement Data Protection

Confidentiality Agreement Data Protection Template for Philippines

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Key Requirements PROMPT example:

Confidentiality Agreement Data Protection

"I need a Confidentiality Agreement Data Protection for a Philippine tech startup sharing sensitive client data and AI algorithms with an overseas development partner, with specific provisions for cross-border data transfers and protection of intellectual property."

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Document background
This Confidentiality Agreement Data Protection is essential for organizations operating in the Philippines that need to share sensitive information while ensuring compliance with the Data Privacy Act of 2012 and related regulations. It is particularly relevant when parties need to exchange confidential business information that includes personal data, requiring specific handling and protection measures. The document addresses both traditional confidentiality concerns and modern data protection requirements, making it suitable for various business relationships including vendor engagements, partnerships, employment relationships, and service provider arrangements. The agreement incorporates specific provisions required by Philippine law, including obligations of personal information controllers and processors, security measures, and breach notification requirements.
Suggested Sections

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, purpose of sharing confidential information, and relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Subject' and other relevant terms as per Philippine Data Privacy Act

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

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

6. Data Protection Obligations: Specific obligations relating to personal data processing in compliance with the Data Privacy Act

7. Security Measures: Required technical and organizational measures for protecting confidential information and personal data

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

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

10. Term and Termination: Duration of the agreement and circumstances for termination

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

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

Optional Sections

1. Data Transfer Provisions: Additional provisions for cross-border transfer of data, required when confidential information will be transferred outside the Philippines

2. Audit Rights: Rights to audit compliance with confidentiality and data protection obligations, recommended for high-sensitivity agreements

3. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value or high-risk information sharing

4. Subcontractor Provisions: Requirements for engaging subcontractors who may access confidential information, needed when subcontracting is anticipated

5. Survival Clause: Specification of obligations that continue after termination, recommended for long-term protection

6. Data Breach Notification: Specific procedures for handling and reporting data breaches, recommended for agreements involving sensitive personal data

7. Intellectual Property Rights: Additional provisions protecting IP rights, needed when confidential information includes IP

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information and personal data covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

3. Schedule 3 - Security Measures: Detailed technical and organizational security measures required for protecting the confidential information

4. Schedule 4 - Data Processing Details: Details of data processing activities including purpose, duration, and type of processing

5. Appendix A - Contact Details: Contact information for key personnel responsible for confidentiality and data protection matters

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Personal Data
Sensitive Personal Information
Processing
Data Subject
Authorized Recipients
Personal Information Controller
Personal Information Processor
Affiliates
Representatives
Permitted Purpose
Data Protection Laws
Security Measures
Breach
Data Privacy Breach
Confidentiality Breach
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Third Party
Agreement Period
Effective Date
Destruction
Return of Information
Data Transfer
Technical Measures
Organizational Measures
Legitimate Purpose
Material Form
Derived Information
Government Authority
Compliance Requirements
Cross-border Transfer
Information Security Incident
Authorized Personnel
Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Retail

Education

Telecommunications

Business Process Outsourcing

Research and Development

Pharmaceuticals

Insurance

Real Estate

Energy

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Human Resources

Risk Management

Procurement

Operations

Data Protection

Privacy

Corporate Governance

Business Development

Research and Development

Relevant Roles

Chief Legal Officer

Data Protection Officer

Privacy Officer

Compliance Manager

Legal Counsel

Information Security Manager

Chief Information Security Officer

Risk Manager

Contract Manager

Chief Technology Officer

HR Director

Chief Operating Officer

Project Manager

Procurement Manager

Business Development Manager

IT Director

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): The primary legislation governing personal data protection in the Philippines, establishing requirements for processing personal information, rights of data subjects, and obligations of personal information controllers and processors.
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental principles of contracts, obligations, and civil relations that form the basis for enforceability of confidentiality agreements.
Implementing Rules and Regulations of the Data Privacy Act: Detailed guidelines and requirements for compliance with the Data Privacy Act, including specific security measures and data protection standards.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Relevant for provisions dealing with digital data protection and penalties for unauthorized access or disclosure of protected information through electronic means.
Intellectual Property Code (Republic Act No. 8293): Provides protection for trade secrets and confidential business information, which is crucial for confidentiality agreement provisions.
National Privacy Commission (NPC) Circulars and Guidelines: Various issuances and guidelines from the NPC that provide additional requirements and best practices for data protection and privacy compliance.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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