This Indefinite NDA template is specifically crafted for use under Philippine law, designed for situations requiring permanent protection of confidential information. It is particularly valuable for businesses sharing sensitive trade secrets, proprietary technology, or strategic business information that requires protection beyond a fixed term. The document incorporates requirements from the Philippine Data Privacy Act, Civil Code, and Intellectual Property Code, making it suitable for both domestic and international business relationships. This version of an Indefinite NDA includes comprehensive provisions for data protection, permitted disclosures, and enforcement mechanisms recognized under Philippine jurisdiction, while ensuring the confidentiality obligations continue indefinitely.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and corporate details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Comprehensive definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and restricted use of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Security Measures: Specific measures required to protect confidential information, aligned with Data Privacy Act requirements
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon request or termination
8. Duration and Survival: Specification of the indefinite nature of obligations and which provisions survive
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and severability
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes patents, trademarks, or trade secrets
2. Data Privacy Compliance: Specific section addressing compliance with Data Privacy Act when personal data is involved
3. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
4. Digital Security Measures: Specific provisions for protecting digital information and compliance with E-Commerce Act
5. International Transfer of Data: Provisions for cross-border data transfers if parties are in different jurisdictions
6. Competitive Restrictions: Additional restrictions on competitive activities, if applicable to the business relationship
1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under the Data Privacy Act
5. Appendix B - Information Return/Destruction Procedures: Detailed procedures for returning or destroying confidential information
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