The Candidate Non Disclosure Agreement is a crucial document used in Philippine recruitment processes where sensitive company information needs to be shared with potential employees. It is particularly relevant when candidates need access to confidential business strategies, technical information, client data, or proprietary processes during the interview and evaluation phase. The agreement ensures compliance with Philippine legislation, including the Data Privacy Act of 2012 and the Civil Code, while protecting the company's intellectual property and trade secrets. This document is essential for roles where candidates may be exposed to sensitive information during technical assessments, strategy discussions, or detailed role-specific conversations.
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1. Parties: Identifies the company and the candidate, including their full legal names and addresses
2. Background: Explains the context - that the candidate is being considered for employment and will receive confidential information during the recruitment process
3. Definitions: Defines key terms including 'Confidential Information', 'Recruitment Process', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the recruitment process
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
7. Return or Destruction of Confidential Information: Requirements for handling confidential information after the recruitment process ends
8. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect
9. Data Privacy Compliance: Specific provisions ensuring compliance with the Data Privacy Act of 2012
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
11. Execution: Signature blocks and execution requirements
1. Intellectual Property Rights: Additional provisions regarding IP rights if the recruitment process involves exposure to patents, trademarks, or other IP
2. Non-Solicitation: Optional restrictions on soliciting employees or customers, if relevant to the role
3. Electronic Communications: Specific provisions for handling electronic confidential information, relevant if most information sharing will be digital
4. Third Party Rights: Provisions regarding confidential information belonging to third parties, if applicable
5. Remedies and Injunctive Relief: Specific remedies available in case of breach, particularly relevant for senior positions
6. Severability: Provisions for maintaining validity if parts are found unenforceable, particularly important if agreement is very restrictive
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information that may be disclosed during recruitment
2. Schedule 2 - Authorized Company Representatives: List of company personnel authorized to share confidential information with the candidate
3. Schedule 3 - Security Protocols: Specific procedures for handling and protecting confidential information, if any special requirements exist
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