The Deed of Non-Disclosure is a crucial legal instrument used in the Philippines when parties need to share sensitive business, technical, or proprietary information. This document is particularly relevant in business negotiations, joint ventures, employment relationships, and commercial transactions where confidential information needs protection. The deed, governed by Philippine law, incorporates provisions from key legislation including the Data Privacy Act (RA 10173) and the Intellectual Property Code (RA 8293). It is commonly used during due diligence processes, business negotiations, employment arrangements, and commercial partnerships, providing a robust framework for protecting confidential information with specific enforcement mechanisms under Philippine jurisdiction.
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1. Parties: Identification of all parties to the deed, including full legal names, addresses, and registration details for corporate entities
2. Background: Context of the relationship between parties and purpose of the confidentiality obligations
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the deed
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Required measures for protecting and securing confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration of Obligations: Term of the deed and survival of confidentiality obligations
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
12. Execution: Formal execution clause and signing requirements
1. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act when personal data is involved
2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP
3. Competition Law Compliance: Provisions ensuring compliance with competition laws when parties are competitors
4. Group Company Disclosure: Additional provisions for disclosure to affiliated companies when dealing with corporate groups
5. Electronic Storage and Transmission: Specific provisions for electronic handling of confidential information
6. Prior Disclosure: Provisions addressing information disclosed before the execution of the deed
7. Relationship of Parties: Clarification that the deed does not create any other business relationship
8. Announcements and Publicity: Restrictions on public announcements about the relationship or transaction
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Biotechnology
Real Estate
Retail
Energy
Telecommunications
Education
Research and Development
Construction
Mining
Agriculture
Relevant Teams
Legal
Human Resources
Executive Leadership
Research and Development
Business Development
Information Technology
Finance
Operations
Procurement
Compliance
Corporate Strategy
Mergers and Acquisitions
Innovation
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Human Resources Director
Chief Technology Officer
Research Director
Project Manager
Investment Manager
Operations Manager
Procurement Manager
Chief Financial Officer
Corporate Secretary
Compliance Officer
Innovation Director
Strategic Partnership Manager
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