Confidentiality And Proprietary Information Agreement Template for Philippines

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Key Requirements PROMPT example:

Confidentiality And Proprietary Information Agreement

"I need a Confidentiality and Proprietary Information Agreement under Philippine law for our tech startup, as we're planning to hire contractors from Singapore and Malaysia starting January 2025 who will have access to our source code and product development roadmap."

Document background

The Confidentiality and Proprietary Information Agreement is essential in today's business environment where protecting sensitive information is crucial for maintaining competitive advantage and compliance with Philippine law. This document is typically used when parties need to share confidential information during business negotiations, employment relationships, or commercial partnerships. It encompasses provisions compliant with the Philippine Data Privacy Act of 2012, the Intellectual Property Code, and other relevant local legislation. The agreement covers various types of confidential information including trade secrets, customer data, technical information, and business strategies, while providing clear mechanisms for enforcement under Philippine jurisdiction. It's particularly relevant given the increasing focus on data protection and the need to safeguard proprietary information in both domestic and international business contexts.

Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including complete legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Clear definitions of 'Confidential Information', 'Proprietary Information', 'Authorized Personnel', and other key terms

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

5. Obligations of Receiving Party: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

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

7. Security Measures: Required procedures and safeguards for protecting confidential information

8. Term and Survival: Duration of the agreement and survival of obligations after termination

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

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

Optional Sections

1. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act of 2012, used when personal data is involved

2. Digital Information Handling: Specific provisions for digital data protection and cybersecurity measures, used when information is primarily in digital form

3. Third Party Rights: Provisions addressing confidential information belonging to third parties, used when such information may be shared

4. Export Control: Provisions regarding international transfer of information, used when parties are in different jurisdictions

5. Non-Solicitation: Restrictions on soliciting employees or customers, used when business relationships are involved

6. Competitive Activities: Restrictions on using information for competitive purposes, used in business-to-business contexts

7. Residual Knowledge: Provisions addressing use of general knowledge gained, used in professional services contexts

Suggested Schedules

1. Schedule A - Designated Confidential Information: Detailed list or categories of specific confidential information covered by the agreement

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

3. Schedule C - Security Protocols: Detailed security procedures and requirements for handling confidential information

4. Schedule D - Notice Requirements: Specific procedures and contact information for required notices under the agreement

5. Appendix 1 - Data Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information

6. Appendix 2 - Breach Notification Protocol: Procedures to be followed in case of actual or suspected breach of confidentiality

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

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Research and Development

Pharmaceuticals

Telecommunications

Energy

Real Estate

Education

Retail

Media and Entertainment

Biotechnology

Mining and Natural Resources

Relevant Teams

Legal

Human Resources

Information Technology

Research and Development

Business Development

Executive Leadership

Procurement

Operations

Finance

Compliance

Information Security

Risk Management

Product Development

Innovation

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Human Resources Director

Information Security Manager

Research Director

Business Development Manager

Project Manager

Chief Technology Officer

Procurement Manager

Investment Manager

Operations Director

Chief Financial Officer

Compliance Officer

Intellectual Property Manager

Risk Manager

Senior Developer

Product Manager

Strategy Director

Innovation Manager

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Let's create your Confidentiality And Proprietary Information Agreement

Authors

Alex Denne

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