Mutual Confidentiality And Non Circumvention Agreement Template for Philippines

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Mutual Confidentiality And Non Circumvention Agreement

"I need a Mutual Confidentiality and Non-Circumvention Agreement for a Philippine technology startup entering into discussions with potential Japanese investors in March 2025, with special emphasis on protecting our AI technology and preventing the investors from directly approaching our development team."

Document background

The Mutual Confidentiality And Non Circumvention Agreement is essential for businesses operating in the Philippines who are entering into preliminary discussions, negotiations, or business relationships where sensitive information needs to be shared. This document is particularly relevant in the context of Philippine business practices where relationships and trust are paramount, and where the protection of business opportunities and confidential information is crucial. The agreement complies with Philippine legislation, including the Data Privacy Act of 2012 and the Intellectual Property Code, while providing mechanisms to prevent parties from bypassing each other in business dealings. It is commonly used in situations involving potential partnerships, joint ventures, investment discussions, or any scenario where proprietary information or business opportunities need protection. The document includes provisions for data protection, clear definitions of confidential information, specific non-circumvention obligations, and remedies under Philippine law.

Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and the business relationship between the parties

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Circumvention', 'Business Opportunity', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Non-Circumvention Obligations: Commitments not to bypass or exclude other parties from business opportunities or relationships

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

7. Data Protection: Obligations under the Data Privacy Act and handling of personal information

8. Term and Survival: Duration of the agreement and provisions that continue after termination

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

10. Remedies: Legal remedies available in case of breach, including injunctive relief

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

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights when the confidential information includes patents, trademarks, or other IP

2. Digital Security Measures: Specific requirements for protecting digital information, needed when dealing with electronic data

3. International Transfer of Data: Required when parties are from different jurisdictions and data will cross borders

4. Competitive Restrictions: Additional non-compete provisions, when relevant to the business relationship

5. Audit Rights: Provisions allowing audit of compliance, useful for high-value or high-risk relationships

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

7. Alternative Dispute Resolution: Mediation or arbitration provisions when parties prefer to avoid court proceedings

Suggested Schedules

1. Schedule A - Designated Representatives: List of authorized personnel who may access or handle confidential information

2. Schedule B - Types of Confidential Information: Detailed categorization of what constitutes confidential information for this specific agreement

3. Schedule C - Security Protocols: Specific procedures and requirements for handling and protecting confidential information

4. Schedule D - Business Opportunities: Description of specific business opportunities covered by the non-circumvention provisions

5. Appendix 1 - Data Processing Requirements: Detailed requirements for compliance with the Data Privacy Act when processing personal data

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 and Software

Manufacturing

Financial Services

Professional Services

Healthcare

Real Estate Development

Retail and E-commerce

Telecommunications

Energy and Utilities

Business Process Outsourcing

Biotechnology

Construction

Import/Export

Logistics and Supply Chain

Education and Training

Relevant Teams

Legal

Executive Leadership

Business Development

Operations

Finance

Procurement

Compliance

Risk Management

Corporate Affairs

Strategy

Information Technology

Research and Development

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Legal Counsel

Chief Financial Officer

Operations Director

Project Manager

Investment Manager

Partnership Manager

Procurement Manager

Chief Technology Officer

Strategy Director

Compliance Officer

Risk Manager

Corporate Secretary

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Authors

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