This Non Solicitation NDA is essential for businesses operating in the Philippines who need to protect both their confidential information and their human capital/business relationships. The document is particularly relevant when engaging with new business partners, employees, or contractors who will have access to sensitive information and relationships. It combines standard NDA provisions with specific non-solicitation clauses, complying with Philippine legislation including the Data Privacy Act of 2012, the Civil Code, and competition laws. The agreement is commonly used during business negotiations, employment relationships, contractor engagements, and potential merger or acquisition discussions, where protection against both information disclosure and personnel/client poaching is crucial.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, relationship between the parties, and purpose of entering into the agreement
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Solicitation', 'Protected Persons', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Non-Solicitation Covenant: Specific provisions prohibiting the solicitation of employees, customers, or business partners
6. Duration: Time period for both confidentiality and non-solicitation obligations
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Return of Confidential Information: Obligations regarding the return or destruction of confidential information
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Rights: Section addressing rights of third parties affected by the agreement, used when other entities might have rights under the agreement
2. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act, required when personal data is involved
3. International Transfer: Provisions for cross-border transfer of information, needed for international business relationships
4. Survival Clause: Specifies which obligations continue after termination, important for long-term protection
5. Non-Competition: Additional restrictions on competitive activities, used when broader protection is needed
6. Assignment Rights: Provisions regarding the right to assign the agreement, important for corporate restructuring scenarios
1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule B - Protected Persons: List of employees, customers, or business partners covered by non-solicitation provisions
3. Schedule C - Permitted Recipients: List of authorized persons or entities who may receive confidential information
4. Appendix 1 - Security Measures: Required security protocols for handling confidential information
5. Appendix 2 - Notification Requirements: Procedures for mandatory notifications in case of disclosure or breach
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Retail
Telecommunications
Business Process Outsourcing
Real Estate
Education
Construction
Energy
Pharmaceuticals
Entertainment
Logistics
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Sales
Information Technology
Operations
Research and Development
Procurement
Finance
Customer Relations
Product Development
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Project Manager
Sales Director
Chief Technology Officer
Operations Manager
Recruitment Manager
Account Executive
Department Head
Managing Director
Consultant
Senior Developer
Research Director
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