The Internal Confidentiality Agreement serves as a crucial legal instrument for protecting an organization's confidential information, trade secrets, and proprietary data in the Philippine business environment. This document should be implemented when employees are given access to sensitive company information, particularly during onboarding or when existing employees are granted access to new confidential materials. The agreement ensures compliance with Philippine legislation, including the Data Privacy Act of 2012, the Civil Code, and relevant provisions of the Labor Code. It covers various aspects of confidentiality, from traditional business secrets to digital assets, and includes specific provisions for data protection, permitted disclosures, and breach remedies. The document is designed to create legally binding obligations while remaining consistent with Philippine employment law principles and good faith requirements.
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1. Parties: Identification of the employer/company and the employee/recipient of confidential information
2. Background: Context of the agreement and the nature of the confidential relationship
3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Intellectual Property' and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the organization
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and the required procedures
7. Security Measures: Required measures for protecting confidential information, including physical and digital security
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Duration and Survival: Term of the agreement and obligations that survive termination
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Digital Assets and Systems: Specific provisions for handling digital confidential information and IT systems access
2. Remote Work Provisions: Additional security and confidentiality measures for employees working remotely
3. Third Party Information: Handling of confidential information belonging to clients, suppliers, or other third parties
4. Social Media and Communications: Guidelines for social media use and external communications
5. Post-Employment Obligations: Specific obligations that continue after employment ends
6. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012
7. Intellectual Property Rights: Additional provisions regarding IP created during employment
1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered
2. Schedule 2 - Authorized Personnel: List of roles/persons authorized to access different categories of confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and protocols for handling confidential information
4. Schedule 4 - Reporting Procedures: Procedures for reporting potential breaches or unauthorized disclosures
5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
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