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NDA In IT

NDA In IT Template for Philippines

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Key Requirements PROMPT example:

NDA In IT

"I need an NDA in IT for a Philippine software development company planning to outsource part of our core banking application development starting March 2025, with specific provisions for source code protection and API documentation confidentiality."

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Document background
This NDA in IT is specifically designed for use in the Philippine technology sector where parties need to protect sensitive technical information, digital assets, and intellectual property. The document is particularly relevant when companies or individuals are engaging in technology development, IT service provision, or digital collaboration projects. It incorporates requirements from key Philippine legislation including the Data Privacy Act of 2012, E-Commerce Act of 2000, and Cybercrime Prevention Act of 2012. The agreement is structured to protect various forms of IT-related confidential information such as source code, technical specifications, system architectures, and digital trade secrets. It's commonly used in software development projects, IT consulting engagements, technology partnerships, and digital service contracts within the Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Digital Assets', 'Source Code', and other IT-specific terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically addressing digital assets, software, algorithms, and IT infrastructure details

5. Obligations of Receiving Party: Core confidentiality obligations, including digital security measures, access controls, and data protection requirements

6. Permitted Disclosures: Circumstances under which confidential information may be shared, including with employees, contractors, and technical consultants

7. Data Protection and Security: Specific measures required for protecting digital information, compliance with Philippine Data Privacy Act

8. Term and Termination: Duration of the agreement and conditions for termination

9. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information, including digital data deletion and verification

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Source Code Protection: Additional provisions specifically for protecting source code and software development details. Include when software development is involved

2. Cloud Services and Data Storage: Specific provisions for cloud-based services and data storage requirements. Include when cloud services are part of the relationship

3. Third-Party Access: Provisions governing access by third-party IT service providers or contractors. Include when external vendors are involved

4. International Data Transfer: Provisions for cross-border data transfer compliance. Include when international data sharing is anticipated

5. Intellectual Property Rights: Detailed IP provisions for technology-related innovations. Include when development work or innovation is involved

6. Audit Rights: Rights to audit compliance with security measures. Include for high-security requirements

7. Non-Solicitation: Restrictions on hiring or soliciting employees. Include when protecting against talent poaching

8. Survival Clause: Specific provisions that survive termination. Include for long-term protection needs

Suggested Schedules

1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information, including digital assets, databases, and technical specifications

2. Schedule B - Security Protocols: Detailed technical security requirements and protocols for handling digital information

3. Schedule C - Authorized Personnel: List of authorized personnel with access rights and their security clearance levels

4. Schedule D - Data Handling Procedures: Specific procedures for handling, storing, and processing digital data

5. Appendix 1 - Data Breach Response Plan: Procedures and protocols for responding to potential data breaches

6. Appendix 2 - Technical Systems Overview: Overview of technical systems and infrastructure covered by the NDA

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Digital Assets
Source Code
Technical Documentation
Trade Secrets
Intellectual Property Rights
Personal Data
Proprietary Information
Authorized Representatives
Security Protocols
Technical Specifications
System Architecture
User Interface Design
Database Schema
API Documentation
Development Tools
Test Data
Cloud Services
Hardware Specifications
Software Solutions
Network Infrastructure
Encryption Methods
Access Credentials
Security Measures
Data Protection Standards
Permitted Purpose
Affiliate
Representatives
Disclosing Party
Receiving Party
Technical Know-how
Development Environment
Production Environment
Staging Environment
Binary Code
Object Code
Electronic Data
Data Processing
Cybersecurity Measures
Confidentiality Period
Clauses
Confidentiality
Data Protection
Intellectual Property
Information Security
Access Rights
Non-Disclosure
Return of Information
Breach Notification
Term and Termination
Governing Law
Dispute Resolution
Digital Security
Data Handling
Permitted Use
Third Party Disclosure
Remedies
Force Majeure
Assignment
Severability
Entire Agreement
Data Destruction
Cybersecurity
Technical Safeguards
Audit Rights
Warranties
Indemnification
Survival
Electronic Storage
Cross-Border Data Transfer
Non-Solicitation
Relevant Industries

Information Technology

Software Development

Cloud Computing

Cybersecurity

Telecommunications

Digital Services

E-commerce

FinTech

IT Consulting

Technology Manufacturing

Data Analytics

Artificial Intelligence

Relevant Teams

Information Technology

Software Development

Infrastructure

Security

Operations

Database Administration

Network Operations

Cloud Services

DevOps

Quality Assurance

Systems Integration

Technical Support

Product Development

Data Protection

IT Procurement

Solutions Architecture

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

System Administrator

Network Security Engineer

Database Administrator

Project Manager

IT Consultant

Cloud Solutions Architect

DevOps Engineer

Information Security Manager

Technical Lead

Product Manager

Data Protection Officer

IT Operations Manager

Solutions Architect

Chief Information Officer

IT Procurement Manager

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): Protects individual personal information in information and communications systems. Essential for NDAs involving personal data processing and storage in IT systems.
E-Commerce Act of 2000 (Republic Act No. 8792): Governs electronic data messages and electronic documents. Relevant for NDAs involving digital information and electronic signatures.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Addresses cybercrime and cyber security. Important for NDAs covering digital assets and information security measures.
Intellectual Property Code of the Philippines (Republic Act No. 8293): Protects intellectual property rights including trade secrets. Crucial for NDAs protecting proprietary information and trade secrets in the IT sector.
Civil Code of the Philippines (Republic Act No. 386): Provides the basic framework for contracts and obligations. Ensures the NDA meets general contract law requirements for enforceability.
Securities Regulation Code (Republic Act No. 8799): Relevant if the NDA involves publicly listed companies or material non-public information in the IT sector.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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