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Non Disclosure Affidavit

Non Disclosure Affidavit Template for Philippines

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Key Requirements PROMPT example:

Non Disclosure Affidavit

"I need a Non-Disclosure Affidavit for our senior software developer who will be working on our new AI project starting January 2025, with specific emphasis on protecting our proprietary algorithms and research data."

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Document background
The Non-Disclosure Affidavit is a crucial legal document in the Philippine business and legal environment, typically used when there's a need to create a formal, sworn record of an individual's confidentiality obligations. This document type is particularly relevant when dealing with sensitive corporate information, trade secrets, or personal data protected under the Data Privacy Act of 2012. The affidavit format adds an extra layer of solemnity and legal weight compared to standard NDAs, as it is sworn under oath and notarized according to Philippine law. It's commonly used in employment situations, corporate transactions, legal proceedings, or regulatory compliance scenarios where documented proof of confidentiality commitments is essential. The document combines the substantive elements of confidentiality protection with the formal requirements of an affidavit under Philippine Rules of Court.
Suggested Sections

1. Title and Venue: Specifies the document type (Non-Disclosure Affidavit) and the place of execution

2. Affiant Information: Full identification of the person making the affidavit, including name, age, citizenship, and address

3. Preliminary Statement: Standard declaration of being under oath and of sound mind

4. Background: Context explaining the relationship or circumstances leading to access to confidential information

5. Definition of Confidential Information: Detailed description of what constitutes confidential information covered by the affidavit

6. Acknowledgment of Confidentiality: Declaration acknowledging the confidential nature of the information and the duty to maintain confidentiality

7. Specific Obligations: Detailed statements about how the confidential information will be protected and used

8. Duration of Obligations: Statement of how long the confidentiality obligations will remain in effect

9. Verification: Standard verification statement affirming the truth of the contents

10. Jurat: Formal closing section for notarization, including date, place, and notary details

Optional Sections

1. Return of Materials: Statement regarding the return or destruction of confidential materials, used when physical or electronic documents have been provided

2. Prior Disclosures: Declaration about any previous disclosures of the confidential information, used when there's a need to address historical handling of the information

3. Third Party Information: Additional provisions regarding confidential information belonging to third parties, used when the affiant has access to information from multiple sources

4. Intellectual Property Rights: Specific acknowledgments regarding IP rights, used when the confidential information includes trade secrets or proprietary technology

5. Employment Context: Additional provisions specific to employment relationships, used when the affiant is or was an employee

6. Regulatory Compliance: Statements regarding compliance with specific regulations, used when the information is subject to regulatory oversight

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed listing or categorization of the specific confidential information covered by the affidavit

2. Schedule B - Allowed Recipients: If applicable, list of persons or entities authorized to receive the confidential information

3. Schedule C - Security Measures: Specific security protocols or measures being implemented to protect the confidential information

4. Appendix 1 - Referenced Documents: List of any related agreements, policies, or documents referenced in the affidavit

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 Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Telecommunications

Pharmaceutical

Research and Development

Defense

Energy

Education

Government

Legal Services

Biotechnology

Real Estate

Relevant Teams

Legal

Human Resources

Information Technology

Research and Development

Executive Leadership

Finance

Compliance

Operations

Information Security

Product Development

Corporate Communications

Business Development

Administrative

Procurement

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Legal Counsel

Compliance Officer

Human Resources Director

Project Manager

Research Scientist

Software Developer

Financial Analyst

Business Development Manager

Consultant

Contractor

System Administrator

Data Analyst

Product Manager

Executive Assistant

Board Member

Department Head

External Auditor

Industries
Rules of Court (Rule 132): Governs the formal requirements for affidavits in the Philippines, including the proper format, administration of oath, and jurisdictional requirements
Data Privacy Act of 2012 (Republic Act No. 10173): Protects individual personal information in information and communications systems, setting standards for data protection and confidentiality
Civil Code of the Philippines (Republic Act No. 386): Contains provisions on obligations and contracts, including the general principles of confidentiality agreements and liability for breach of contractual obligations
Revised Penal Code of the Philippines: Contains provisions on revelation of secrets and breach of confidence, which may be relevant for enforcement of confidentiality obligations
Intellectual Property Code (Republic Act No. 8293): Protects trade secrets and confidential business information, relevant when the NDA covers intellectual property matters
E-Commerce Act (Republic Act No. 8792): Relevant when dealing with electronic data and digital information that needs to be kept confidential
Securities Regulation Code (Republic Act No. 8799): Important if the confidential information includes material non-public information related to publicly traded companies
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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