This Non Disclosure Agreement For IT Company is essential for technology businesses operating in the Philippines who need to protect sensitive information while engaging with various stakeholders. It is specifically designed to comply with Philippine legislation, including the Data Privacy Act of 2012, the E-Commerce Act, and the Intellectual Property Code. The agreement is typically used when sharing sensitive technical information such as source code, algorithms, system architectures, client data, and business processes with employees, contractors, vendors, or clients. It incorporates specific provisions for digital asset protection, data privacy compliance, and cybersecurity measures relevant to the IT industry. The document is structured to provide comprehensive protection while being enforceable under Philippine law, making it suitable for both domestic and international technology transactions involving Philippine entities.
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1. Parties: Identifies the disclosing party (IT Company) and receiving party, including complete legal names and addresses
2. Background: Establishes the context of the agreement and the purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms specific to IT industry
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the IT context, including source code, algorithms, customer data, etc.
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Data Privacy Compliance: Specific provisions ensuring compliance with the Philippines Data Privacy Act
8. Term and Survival: Duration of the agreement and obligations that survive termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
10. Remedies: Legal remedies available in case of breach, including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights, used when the shared information includes patents, copyrights, or trade secrets
2. Security Protocols: Specific IT security measures required for handling digital information, used for highly sensitive technical data
3. Third Party Disclosure: Provisions for sharing with third party contractors or service providers, used when external vendors are involved
4. Non-Solicitation: Prevents poaching of employees or clients, used when parties have access to personnel or customer information
5. Competitive Restrictions: Additional restrictions on competitive activities, used when sharing business strategy or market information
6. Data Localization: Requirements for keeping data within Philippine territory, used when handling sensitive personal or government data
7. Audit Rights: Rights to audit compliance with the NDA, used for high-security or regulated information
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information categories covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Detailed technical and organizational security measures required for protecting digital information
4. Schedule D - Approved Third Party Recipients: List of approved third parties who may receive confidential information, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Cybersecurity
Data Analytics
Artificial Intelligence
Digital Services
E-commerce
Telecommunications
Business Process Outsourcing
FinTech
Healthcare Technology
Relevant Teams
Legal
Information Technology
Software Development
Information Security
Data Protection
Research and Development
Product Development
Quality Assurance
Infrastructure
Cloud Operations
Database Administration
Network Operations
Systems Integration
DevOps
Technical Support
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Systems Administrator
Database Administrator
Network Engineer
Security Specialist
Project Manager
Business Analyst
DevOps Engineer
Quality Assurance Manager
IT Consultant
Solution Architect
Cloud Engineer
Data Privacy Officer
IT Procurement Manager
Technical Lead
Full Stack Developer
Information Security Manager
API Developer
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