Confidentiality And Impartiality Agreement Template for Philippines

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Key Requirements PROMPT example:

Confidentiality And Impartiality Agreement

"I need a Confidentiality and Impartiality Agreement for our technology consulting firm based in Manila, which will be hiring external auditors to review our cloud security systems and customer data handling processes starting March 2025."

Document background

The Confidentiality and Impartiality Agreement is essential in situations where parties need to protect sensitive information while ensuring unbiased professional conduct under Philippine law. This document is particularly relevant when engaging professional services, conducting arbitrations, handling sensitive business transactions, or establishing advisory relationships. It combines traditional confidentiality provisions with specific impartiality obligations, making it distinct from standard non-disclosure agreements. The agreement ensures compliance with Philippine regulations, including the Data Privacy Act of 2012, the Civil Code, and relevant sector-specific legislation. It's commonly used in professional services, financial services, healthcare, and technology sectors where both information protection and unbiased decision-making are crucial. The document includes comprehensive provisions for data protection, conflict of interest prevention, and breach remedies, adapted to the Philippine legal framework.

Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties

3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Representatives', and 'Impartiality'

4. Scope of Confidentiality: Details what information is considered confidential and covered by the agreement

5. Confidentiality Obligations: Specifies the duties and responsibilities regarding handling and protecting confidential information

6. Impartiality Obligations: Outlines requirements for maintaining impartiality and avoiding conflicts of interest

7. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and the process for such disclosure

8. Security Measures: Details the required security measures for protecting confidential information

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Term and Termination: Specifies the duration of the agreement and termination procedures

11. Breach and Remedies: Outlines consequences of breach and available remedies

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act - required when personal data is involved

2. Digital Information Handling: Specific provisions for handling digital information and cybersecurity measures - needed when digital assets are involved

3. Third Party Access: Provisions governing access by third party contractors or service providers - included when third party access may be required

4. International Transfer: Provisions for international transfer of confidential information - needed when parties operate across multiple jurisdictions

5. Competitive Activities: Restrictions on competitive activities - included when parties are in the same industry

6. Survival Clause: Specifies which obligations survive termination - included for long-term sensitive information

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of information designated as confidential

2. Schedule 2 - Authorized Representatives: List of individuals authorized to access and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information

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

Legal Services

Healthcare

Financial Services

Technology

Professional Services

Manufacturing

Research & Development

Education

Government & Public Sector

Telecommunications

Pharmaceuticals

Banking

Insurance

Human Resources

Management Consulting

Relevant Teams

Legal

Compliance

Human Resources

Information Security

Risk Management

Executive Leadership

Board of Directors

Research & Development

Information Technology

Data Protection

Finance

Procurement

Corporate Governance

Quality Assurance

Relevant Roles

Chief Executive Officer

Legal Counsel

Compliance Officer

Human Resources Director

Chief Financial Officer

Management Consultant

Independent Auditor

Board Member

Project Manager

Research Director

External Advisor

Mediator

Arbitrator

Data Protection Officer

Information Security Manager

Professional Expert

Technical Consultant

Financial Advisor

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