Non Disclosure Agreement And Confidentiality Agreement Template for Philippines

This Non-Disclosure Agreement and Confidentiality Agreement is a legally binding document governed by Philippine law, designed to protect confidential information shared between parties during business dealings. It incorporates key requirements from the Philippine Data Privacy Act of 2012, the Civil Code of the Philippines, and relevant intellectual property legislation. The agreement establishes clear obligations for handling confidential information, defines the scope of protected information, and provides remedies for breach, while ensuring compliance with Philippine jurisdiction-specific requirements for data protection and trade secret preservation.

Typically:
i
This cost is based on prices provided by
6 legal services in your market.
With GenieAI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5
Alternatively...

What is a Non Disclosure Agreement And Confidentiality Agreement?

The Non-Disclosure Agreement and Confidentiality Agreement is essential for businesses and individuals operating in the Philippines who need to protect sensitive information during business negotiations, partnerships, or employment relationships. This document is particularly crucial given the Philippines' position as a major business process outsourcing destination and its growing technology sector. The agreement should be used whenever confidential information needs to be shared, including business strategies, trade secrets, customer data, or proprietary technology. It must comply with Philippine legislation, particularly the Data Privacy Act of 2012, the Civil Code, and intellectual property laws. The document is designed to create legally binding obligations for receiving parties to maintain confidentiality and use the information only for specified purposes, with provisions for both injunctive relief and damages under Philippine law in case of breach.

What sections should be included in a Non Disclosure Agreement And Confidentiality Agreement?

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

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

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure, and permitted uses of confidential information

6. Security Measures: Specific measures required to protect confidential information

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

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

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Non Disclosure Agreement And Confidentiality Agreement?

1. Data Privacy Compliance: Specific provisions for compliance with the Data Privacy Act of 2012 when personal data is involved

2. Intellectual Property Rights: Additional provisions regarding IP rights when confidential information includes patents, trademarks, or trade secrets

3. Third Party Disclosure: Provisions for when disclosure to third parties (such as professional advisors or affiliates) may be necessary

4. Export Control: Provisions for international transfer of technical data or technology

5. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations

6. Publicity: Restrictions on public announcements or marketing related to the relationship

7. Competition Law Compliance: Specific provisions ensuring compliance with Philippine Competition Act when parties are competitors

What schedules should be included in a Non Disclosure Agreement And Confidentiality Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols to be followed

4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

5. Schedule 5 - Data Processing Requirements: Specific requirements for handling personal data under the Data Privacy Act (if applicable)

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Publisher

GenieAI

Document Type

Cost

Free to use

Find the document you need

No items found.
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your data is private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it