The Short Form Confidentiality Agreement is designed for situations where parties need to share sensitive business or technical information while maintaining confidentiality under Philippine law. It is particularly useful for initial business discussions, due diligence processes, and preliminary negotiations where a more comprehensive agreement may not yet be necessary. This document ensures compliance with Philippine legislation, including the Data Privacy Act of 2012 and the Civil Code, while remaining concise and user-friendly. It addresses key aspects such as the definition of confidential information, permitted uses, duration of obligations, and return or destruction of confidential materials. The agreement is structured to provide adequate protection while being accessible to parties who may not have extensive legal resources.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Brief context for why the agreement is being entered into and the general nature of the confidential information to be shared
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Core obligations to maintain confidentiality and not disclose information except as permitted
5. Permitted Use: Specific purposes for which the confidential information may be used
6. Return or Destruction: Requirements for handling confidential information upon termination or request
7. Term and Termination: Duration of the agreement and confidentiality obligations
8. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Security Measures: Specific security requirements for protecting confidential information, particularly relevant when dealing with digital data or personal information under the Data Privacy Act
2. Representatives and Third Parties: Additional provisions regarding disclosure to employees, advisors, or other permitted third parties
3. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act, necessary when confidential information includes personal data
4. Remedies: Specific remedies for breach, including injunctive relief, useful in high-stakes situations
5. Notice Requirements: Procedures for mandatory disclosure under law or court order, added when regulatory oversight is likely
1. Schedule 1 - Description of Confidential Information: Detailed description or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: Optional list of individuals authorized to receive or handle confidential information
3. Schedule 3 - Security Protocols: Optional specific security measures required for particular types of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Real Estate
Retail
Education
Telecommunications
Consumer Goods
Energy
Business Process Outsourcing
Entertainment
Construction
Pharmaceutical
Relevant Teams
Legal
Human Resources
Business Development
Executive Leadership
Procurement
Research and Development
Information Technology
Finance
Operations
Sales
Compliance
Strategic Planning
Product Development
Investment
Corporate Communications
Relevant Roles
Chief Executive Officer
Business Development Manager
Legal Counsel
Human Resources Director
Project Manager
Chief Technology Officer
Procurement Manager
Investment Analyst
Research and Development Director
Operations Manager
Chief Financial Officer
Sales Director
Strategic Partnership Manager
Compliance Officer
Product Development Manager
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