This Vendor NDA template is specifically designed for use in the Philippines when companies need to share confidential information with their vendors, suppliers, or service providers. The document ensures compliance with Philippine legislation, including the Data Privacy Act of 2012, the Civil Code, and relevant intellectual property laws. It is particularly useful when engaging new vendors or updating agreements with existing vendors who require access to sensitive business information, trade secrets, or personal data. The agreement includes comprehensive provisions for data protection, permitted uses, security requirements, and enforcement mechanisms, while accommodating the specific needs of vendor relationships in various business contexts.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the vendor), including full legal names and addresses
2. Background: Context of the relationship between the parties and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Specific provisions for compliance with the Data Privacy Act of 2012, necessary when personal data is involved
2. Intellectual Property Rights: Additional provisions protecting IP rights, needed when technical information or trade secrets are shared
3. Security Measures: Specific security protocols for handling confidential information, important for technology vendors or those handling sensitive data
4. Competitive Restrictions: Non-compete or non-solicitation provisions, relevant for vendors with access to strategic information
5. Audit Rights: Right to audit vendor's compliance with confidentiality obligations, useful for highly sensitive information
6. Force Majeure: Provisions for handling confidential information during unexpected events, relevant in long-term vendor relationships
7. Digital Security: Specific provisions for handling digital information and cybersecurity requirements, necessary for electronic data sharing
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed when handling confidential information
4. Schedule 4 - Data Processing Requirements: Specific requirements for handling personal data under the Data Privacy Act, if applicable
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