Two Way Non Disclosure Agreement Template for Philippines

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Key Requirements PROMPT example:

Two Way Non Disclosure Agreement

"I need a Two Way Non Disclosure Agreement under Philippine law for a potential technology partnership between my software company and a cloud services provider, with special emphasis on protecting source code and customer data, to be effective from March 1, 2025."

Document background

This Two Way Non Disclosure Agreement is essential for business relationships where both parties need to share confidential information while ensuring mutual protection. It is commonly used in business negotiations, joint ventures, potential partnerships, or any situation requiring bilateral exchange of sensitive information in the Philippines. The document complies with Philippine legislation, including the Civil Code, Data Privacy Act of 2012, and Intellectual Property Code, providing comprehensive protection for trade secrets, proprietary information, and business data. It includes specific provisions for handling confidential information, security requirements, and enforcement mechanisms suitable for the Philippine jurisdiction, making it appropriate for both domestic and international business relationships involving Philippine entities.

Suggested Sections

1. Parties: Identifies and provides full details of both parties entering into the NDA

2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Authorized Representatives', and 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information for both parties

5. Obligations of Confidentiality: Sets out the mutual obligations to maintain confidentiality and permitted uses of the information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom

7. Security Measures: Details the required security measures for protecting confidential information

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

9. Duration and Termination: Specifies the term of the agreement and termination provisions

10. Breach and Remedies: Outlines consequences of breach and available remedies under Philippine law

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

Optional Sections

1. Intellectual Property Rights: Additional provisions specifically protecting IP rights when the confidential information includes intellectual property

2. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act when personal data is involved

3. Digital Information Handling: Special provisions for handling digital information and cybersecurity measures

4. Representatives and Authorized Personnel: Detailed section about who can access the confidential information when multiple personnel are involved

5. Survival Clause: Specific provisions about which obligations survive termination of the agreement

6. Insurance Requirements: Requirements for insurance coverage related to data breaches when dealing with sensitive information

7. Third Party Rights: Provisions regarding third party rights when other entities might be affected by the information exchange

Suggested Schedules

1. Schedule 1 - Specified Confidential Information: Detailed list of specific types of confidential information covered

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access the confidential information

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

4. Schedule 4 - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized representatives

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Education

Research & Development

Retail

Telecommunications

Energy

Real Estate

Construction

Pharmaceuticals

Biotechnology

Consulting

Relevant Teams

Legal

Executive Leadership

Business Development

Research and Development

Human Resources

Information Technology

Finance

Operations

Procurement

Compliance

Information Security

Strategic Planning

Corporate Communications

Product Development

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Technology Officer

Research Director

Project Manager

Human Resources Director

Chief Financial Officer

Operations Manager

Procurement Manager

Strategic Partnership Director

Innovation Manager

Compliance Officer

Information Security Officer

Contract Administrator

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Authors

Alex Denne

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