This Binding Non-Disclosure Agreement template is designed for use in the Philippine business environment, ensuring compliance with local laws and regulations. The document is essential when parties need to share sensitive business, technical, or proprietary information while maintaining confidentiality. It's particularly relevant for business negotiations, joint ventures, potential partnerships, or employment relationships where confidential information needs protection. The agreement incorporates requirements from key Philippine legislation, including the Data Privacy Act of 2012 and the Intellectual Property Code, making it suitable for both domestic and international business relationships involving Philippine entities. This template can be customized based on specific business needs while maintaining its enforceability under Philippine law.
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Key Requirements PROMPT example:
Binding Non Disclosure Agreement
"I need a Binding Non-Disclosure Agreement for a technology startup sharing sensitive software development information with potential investors, with special emphasis on protecting our source code and technical specifications."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the NDA, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Remedies: Legal remedies available in case of breach, including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions specifically addressing compliance with the Data Privacy Act of 2012, required when personal data is involved
2. Intellectual Property Rights: Specific provisions regarding IP ownership and rights, needed when IP may be created or shared
3. Security Measures: Detailed security protocols for handling confidential information, useful for highly sensitive information
4. Non-Solicitation: Prevents poaching of employees or clients, relevant in business relationship contexts
5. Export Control: Required when dealing with international transfers of technology or technical data
6. Force Majeure: Addresses extraordinary circumstances affecting confidentiality obligations, particularly relevant in long-term NDAs
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment by representatives who will have access to confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Healthcare
Financial Services
Professional Services
Real Estate
Retail
Telecommunications
Energy
Education
Research and Development
Pharmaceuticals
Media and Entertainment
Construction
Business Process Outsourcing
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Operations
Finance
Procurement
Compliance
Product Development
Strategic Planning
Corporate Communications
Investment
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Human Resources Director
Project Manager
Research Director
Chief Technology Officer
Investment Manager
Operations Manager
Procurement Manager
Technical Consultant
Product Development Manager
Strategic Partnership Director
Compliance Officer
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