Employee Exit NDA Template for Philippines

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Key Requirements PROMPT example:

Employee Exit NDA

"I need an Employee Exit NDA for our senior software developer who had access to our source code and client data, leaving the company in March 2025; the agreement should specifically address technical information protection and include strong provisions about digital assets."

Document background
The Employee Exit NDA is a crucial document used when an employee leaves an organization in the Philippines, regardless of the departure circumstances. It serves to protect confidential information, trade secrets, and intellectual property that the employee had access to during their employment. This document is particularly important in the Philippine context, where the growing knowledge economy and increasing digital transformation have made information protection vital. The agreement must balance the employer's need to protect sensitive information with the employee's constitutional rights and provisions of the Philippine Labor Code. It typically includes specific references to local data privacy laws, intellectual property regulations, and enforcement mechanisms available under Philippine law.
Suggested Sections

1. Parties: Identification of the employer company and the departing employee

2. Background: Context of the employment relationship and reason for the NDA

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant definitions

4. Acknowledgment of Access: Employee's confirmation of access to confidential information during employment

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

6. Return of Company Property: Requirements for returning all company documents, materials, and devices

7. Non-Use of Confidential Information: Prohibition on using confidential information for personal benefit or third parties

8. Duration of Obligations: Time period for which confidentiality obligations remain in effect

9. Breach and Remedies: Consequences of breaching the agreement and available legal remedies

10. Governing Law and Jurisdiction: Specification of Philippine law application and jurisdiction

11. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Solicitation Provisions: Restrictions on soliciting company employees or clients, included when employee had significant client contact

2. Intellectual Property Assignment: Additional IP assignments if needed for specific innovations or creations

3. Data Privacy Compliance: Specific obligations under the Data Privacy Act, included for employees with access to personal data

4. Industry-Specific Obligations: Additional requirements for regulated industries like banking or healthcare

5. International Compliance: Additional provisions for employees with access to international business information

6. Social Media and Digital Platforms: Specific provisions regarding confidentiality on digital platforms, included for employees with social media presence

7. Exit Interview Acknowledgment: Reference to exit interview and specific commitments made, included when formal exit interview is conducted

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list of types of confidential information accessed by the employee

2. Schedule B - Returned Items: Itemized list of company property, documents, and materials returned

3. Schedule C - Specific Projects: List of specific projects or initiatives requiring special confidentiality protection

4. Appendix 1 - Exit Checklist: Checklist of compliance items to be completed during exit process

5. Appendix 2 - Contact Protocols: Procedures for handling future communications or inquiries about confidential 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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Research and Development

Pharmaceuticals

Retail

Energy

Education

Media and Entertainment

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Sales

Marketing

Finance

Operations

Executive Leadership

Product Development

Customer Service

Business Development

Data Analytics

Engineering

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Project Manager

Software Developer

Research Scientist

Financial Analyst

Human Resources Director

Sales Executive

Product Manager

Business Development Manager

Operations Manager

Marketing Director

Legal Counsel

Data Scientist

Systems Administrator

Account Manager

Executive Assistant

Industries
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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