The NDA Between Company And Individual is a crucial legal document used in the Philippines when organizations need to share sensitive information with individual contractors, consultants, job candidates, or other individual parties. It is particularly relevant in the Philippine business context, where the growing technology and outsourcing sectors frequently require robust confidentiality protections. The agreement complies with the Philippine Data Privacy Act of 2012, the Civil Code, and other relevant legislation, making it suitable for protecting trade secrets, intellectual property, and other confidential information. This document is commonly used during recruitment processes, freelance engagements, consulting arrangements, and potential business partnerships, providing companies with legal recourse under Philippine law if confidentiality is breached.
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1. Parties: Identifies the company and the individual, including their complete legal names, addresses, and tax identification numbers as required under Philippine law
2. Background: Explains the context of the relationship between the parties and the purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the specific duties of the receiving party regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specifies the authorized uses of confidential information and circumstances under which disclosure is permitted
7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Data Privacy Compliance: Specific provisions ensuring compliance with the Philippine Data Privacy Act
10. Remedies: Outlines the consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Non-Solicitation: Optional clause preventing the individual from soliciting employees or clients, included when there's direct exposure to key relationships
2. Electronic Signatures: Section addressing electronic execution when agreement will be signed digitally, referencing E-Commerce Act compliance
3. Intellectual Property Rights: Additional section when confidential information includes IP that needs specific protection
4. Securities Law Compliance: Required when the individual may have access to material non-public information about listed companies
5. Competing Activities: Optional restrictions on competitive activities, used when the individual may work with competitors
6. Insurance Requirements: Optional section requiring professional insurance coverage, used for contractors or consultants
7. Translation Clause: Required if the agreement will be executed in multiple languages
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of company representatives authorized to share confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
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