Mutual Non Circumvention Non Disclosure Agreement Template for Philippines

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Key Requirements PROMPT example:

Mutual Non Circumvention Non Disclosure Agreement

"I need a Mutual Non Circumvention Non Disclosure Agreement under Philippine law for a potential joint venture between my technology company and a foreign investor, with specific provisions for protecting our proprietary software and ensuring they don't bypass us to approach our existing clients directly."

Document background

The Mutual Non Circumvention Non Disclosure Agreement (NCNDA) is essential for businesses and individuals operating in the Philippines who are exploring potential partnerships, joint ventures, or business opportunities. This document is particularly crucial in the Philippine business environment, where relationship-based business practices are common and protection of business connections is vital. The agreement combines non-disclosure provisions that comply with the Data Privacy Act of 2012 and other relevant Philippine regulations, with non-circumvention clauses that prevent parties from bypassing each other in business dealings. It's commonly used during initial business discussions, due diligence processes, and when sharing sensitive business opportunities or confidential information. The document provides legal remedies under Philippine law in case of breach and can be customized to address specific industry requirements or business relationships.

Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, including the business relationship between the parties and their intention to share confidential information and business opportunities

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

4. Scope of Agreement: Defines the scope of protected information and business opportunities covered by the agreement

5. Non-Disclosure Obligations: Detailed obligations regarding the protection, handling, and non-disclosure of confidential information

6. Non-Circumvention Obligations: Specific commitments not to bypass or circumvent the other party in business dealings and opportunities

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

8. Term and Survival: Duration of the agreement and which provisions survive termination

9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

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

11. General Provisions: Standard contractual provisions including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting intellectual property, particularly relevant when sharing technical information or trade secrets

2. Digital Security Measures: Specific requirements for protecting electronically stored or transmitted confidential information, recommended when dealing with digital assets

3. Competitive Restrictions: Additional restrictions on competitive activities, useful when parties are potential competitors

4. Dispute Resolution: Detailed alternative dispute resolution procedures, recommended for international agreements or high-value relationships

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

6. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012, necessary when personal data is involved

Suggested Schedules

1. Schedule A - Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule B - Specific Business Opportunities: Detailed description of specific business opportunities covered by the non-circumvention provisions

3. Schedule C - Categories of Confidential Information: Detailed categorization of the types of confidential information covered

4. Appendix 1 - Security Protocols: Specific security measures and protocols for handling confidential information

5. Appendix 2 - Notification Requirements: Detailed procedures for required notifications under the agreement

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

Real Estate Development

International Trade

Healthcare and Pharmaceuticals

Energy and Resources

Telecommunications

Business Consulting

Investment and Private Equity

Research and Development

Relevant Teams

Legal

Business Development

Executive Leadership

Corporate Development

Mergers and Acquisitions

Strategic Partnerships

International Business

Operations

Finance

Compliance

Contract Administration

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Financial Officer

Investment Manager

Managing Director

Commercial Director

Operations Manager

Project Manager

Corporate Development Officer

Strategic Partnership Manager

Merger & Acquisition Director

International Business Manager

Contract Administrator

Business Owner

Venture Capital Manager

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Let's create your Mutual Non Circumvention Non Disclosure Agreement

Authors

Alex Denne

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