This NDA For IT Company is essential for technology businesses operating in the Philippines that need to protect their confidential information and intellectual property. The agreement is particularly relevant when engaging with employees, contractors, clients, or business partners who will have access to sensitive technical information, source code, development methodologies, or client data. It incorporates requirements from Philippine legislation, including the Data Privacy Act of 2012, Electronic Commerce Act, and Cybercrime Prevention Act, while addressing industry-specific concerns such as digital asset protection and cybersecurity measures. The document is structured to protect both traditional business confidential information and IT-specific intellectual property, making it suitable for various technology-related business relationships and transactions.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the business relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', 'Authorized Personnel', and 'Security Measures'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically tailored to IT context
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and contractors
7. Security Measures: Specific technical and organizational measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions specifically addressing compliance with the Data Privacy Act of 2012 - include when personal data is involved
2. Digital Assets Protection: Specific provisions for protecting digital assets, source code, and technical specifications - include for software development companies
3. Third Party Access: Provisions governing access by third-party contractors or service providers - include when external vendors are involved
4. International Transfer of Data: Provisions for cross-border data transfers - include when parties operate internationally
5. Non-Solicitation: Provisions preventing poaching of employees or clients - include when there's significant risk of talent or client poaching
6. Audit Rights: Rights to audit compliance with security measures - include for high-security requirements
1. Schedule A - Description of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule B - Security Protocols: Detailed technical and organizational security measures required
3. Schedule C - Authorized Personnel: List of personnel authorized to access confidential information
4. Schedule D - Data Processing Requirements: Specific requirements for processing personal or sensitive data
5. Appendix 1 - Data Breach Protocol: Procedures to be followed in case of a data breach or security incident
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Cybersecurity
Financial Technology
E-commerce
Telecommunications
Healthcare Technology
Digital Marketing
Business Process Outsourcing
Artificial Intelligence and Machine Learning
Data Analytics
Internet of Things
Mobile App Development
Relevant Teams
Legal
Information Technology
Software Development
Information Security
Data Protection
Research and Development
Product Development
Quality Assurance
Infrastructure and Operations
Cloud Operations
DevOps
System Administration
Database Administration
Project Management
Human Resources
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
System Administrator
Database Administrator
Network Engineer
Security Specialist
Project Manager
Business Analyst
DevOps Engineer
Quality Assurance Manager
Solution Architect
Cloud Infrastructure Engineer
Technical Lead
Product Manager
Information Security Officer
Data Protection Officer
IT Consultant
Software Engineer
Full Stack Developer
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