Data Non Disclosure Agreement Template for Philippines

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Key Requirements PROMPT example:

Data Non Disclosure Agreement

"I need a Data Non-Disclosure Agreement for my Philippines-based software development company that will be sharing sensitive technical specifications with offshore contractors in India and Vietnam, with the agreement starting from March 2025 and including specific provisions for cross-border data transfers and digital security measures."

Document background

The Data Non-Disclosure Agreement (NDA) is essential in today's data-driven business environment, particularly in the Philippines where data protection is governed by strict regulations including the Data Privacy Act of 2012. This document is crucial when parties need to share sensitive or confidential information during business negotiations, partnerships, or service arrangements. It serves multiple purposes: protecting proprietary information, ensuring compliance with Philippine data protection laws, establishing security protocols, and creating legally binding obligations for data handling. The agreement is particularly relevant given the Philippines' position as a global hub for business process outsourcing and technology services, where data protection is paramount. It incorporates specific provisions required by Philippine law while addressing practical aspects of data security and confidentiality maintenance.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Data', 'Authorized Personnel', 'Security Measures', and other relevant terms

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

5. Obligations of the Receiving Party: Specific duties regarding data protection, permitted uses, security measures, and confidentiality maintenance

6. Data Protection Standards: Required security measures and compliance with the Data Privacy Act and other relevant regulations

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

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

9. Term and Termination: Duration of the agreement and conditions for termination

10. Breach and Remedies: Consequences of breach, including available remedies and indemnification provisions

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

Optional Sections

1. International Data Transfers: Required when confidential information may be transferred outside the Philippines, addressing cross-border data protection requirements

2. Electronic Data Handling: Specific provisions for digital data storage, transmission, and security measures when dealing with electronic information

3. Audit Rights: Provisions allowing the disclosing party to audit the receiving party's compliance with security measures

4. Data Breach Notification: Specific procedures for notifying the disclosing party in case of data breaches or security incidents

5. Subcontractors and Third Parties: Provisions governing the involvement of third parties in handling confidential information

6. Insurance Requirements: Specifications for required insurance coverage related to data protection and cyber liability

7. Survival Clauses: Specific provisions that continue after the agreement's termination

Suggested Schedules

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

2. Schedule B - Security Measures: Specific technical and organizational security measures required for data protection

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

4. Schedule D - Data Processing Procedures: Detailed procedures for handling, processing, and storing confidential information

5. Appendix 1 - Data Breach Response Plan: Step-by-step protocol for responding to potential data breaches

6. Appendix 2 - Compliance Checklist: Checklist of required compliance measures under Philippine data protection laws

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

Information Technology

Healthcare

Financial Services

Business Process Outsourcing

Professional Services

Research and Development

Telecommunications

Manufacturing

Education

E-commerce

Legal Services

Pharmaceuticals

Banking

Insurance

Consulting

Relevant Teams

Legal

Information Security

Compliance

Information Technology

Risk Management

Human Resources

Operations

Procurement

Research and Development

Data Protection

Corporate Affairs

Business Development

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Security Manager

Risk Manager

Business Development Manager

Project Manager

Human Resources Director

Operations Manager

Chief Technology Officer

Information Security Analyst

Procurement Manager

Contract Administrator

Chief Executive Officer

Chief Operating Officer

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