This Development NDA template is specifically designed for use in the Philippines' technology sector, where protection of confidential information during development projects is crucial. The document is structured to comply with Philippine law, including the Civil Code, Data Privacy Act of 2012, and Intellectual Property Code. It's particularly relevant when engaging in software development, system integration, or any technology development project where sensitive information needs to be shared. The NDA Development agreement includes comprehensive provisions for protecting source code, development methodologies, trade secrets, and other proprietary information, while considering both local and international business practices in the technology sector. It's suitable for various arrangements, from outsourcing relationships to collaborative development projects, and includes specific provisions for digital assets and electronic data protection.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details
2. Background: Context of the agreement, including the nature of the development project and the purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Development Project', 'Derivative Works', and 'Trade Secrets'
4. Scope of Confidentiality: Detailed description of what information is considered confidential and covered by the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Uses: Specific purposes for which the confidential information may be used, particularly in relation to the development project
7. Permitted Disclosures: Circumstances under which confidential information can be shared with employees, contractors, or other authorized parties
8. Security Measures: Required security protocols for protecting confidential information, including both physical and digital measures
9. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and conditions for termination
11. Survival Obligations: Obligations that continue after the agreement's termination
12. Breach and Remedies: Consequences of breach and available legal remedies, including injunctive relief
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Data Privacy Compliance: Specific provisions addressing compliance with the Philippine Data Privacy Act, required when personal data is involved
2. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant for development projects creating new IP
3. Source Code Protection: Specific provisions for protecting source code and development materials, relevant for software development projects
4. Non-Solicitation: Provisions preventing hiring of each other's employees, optional but common in development contexts
5. Escrow Arrangements: Provisions for source code or documentation escrow, relevant for major development projects
6. Foreign Law Compliance: Additional provisions for compliance with foreign laws, needed when parties are from multiple jurisdictions
7. Assignment and Subcontracting: Rules regarding transfer of rights and use of subcontractors, important for larger development projects
1. Schedule A - Description of Development Project: Detailed description of the development project scope and context
2. Schedule B - Specified Confidential Information: Itemized list of specific confidential information covered by the agreement
3. Schedule C - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule D - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Schedule E - Permitted Third Parties: List of approved contractors, advisors, or other third parties who may access the information
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