The NDA for Business Partnership is a crucial legal document used when two or more business entities in the Philippines plan to engage in collaborative ventures or explore potential business opportunities. This document becomes essential when parties need to share sensitive information such as business strategies, financial data, technical know-how, or trade secrets. Governed by Philippine law, including the Civil Code (Republic Act No. 386), Data Privacy Act of 2012 (Republic Act No. 10173), and the Intellectual Property Code, this agreement ensures that confidential information shared during business discussions or partnerships remains protected. It's particularly relevant for both domestic and international business relationships where Philippine jurisdiction applies, and can be customized to address specific industry requirements while maintaining compliance with local regulations.
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1. Parties: Identifies the parties entering into the NDA, including their legal names, addresses, and business registration details as required under Philippine law
2. Background: Explains the context of the business partnership and the purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Clearly outlines what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Details the receiving party's obligations to maintain confidentiality and permitted uses of the information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Outlines required security measures for protecting confidential information
8. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Remedies: Specifies remedies available in case of breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Solicitation: Prohibits parties from soliciting each other's employees or clients - include when there's significant employee interaction
2. Non-Competition: Restricts parties from competing in specific areas - include when sharing highly sensitive business strategies
3. Data Privacy Compliance: Specific provisions relating to compliance with the Data Privacy Act - include when personal data is involved
4. Digital Security Measures: Specific provisions for digital security - include when information is primarily shared electronically
5. Public Announcements: Controls over public statements about the partnership - include for high-profile partnerships
6. Intellectual Property Rights: Clarifies ownership of IP that may be disclosed - include when sharing technical information or trade secrets
1. Schedule A - Specified Confidential Information: Detailed list of categories or specific items of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Schedule D - Disclosure Log: Template for recording all instances of confidential information disclosure
5. Appendix 1 - Data Processing Requirements: Specific requirements for processing personal data under Philippine Data Privacy Act
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