The Client Disclosure Agreement is essential for businesses operating in the Philippines who need to share sensitive information with their service providers or clients. This document is particularly crucial given the requirements of the Philippines Data Privacy Act of 2012 (RA 10173) and related regulations. It should be used whenever confidential client information needs to be shared in a professional context, whether for consulting services, financial advisory, healthcare services, or other professional engagements. The agreement typically includes provisions for data protection, permitted uses, security measures, and breach notification procedures, all aligned with Philippine legal requirements. It serves as a crucial risk management tool for businesses, protecting both the disclosing and receiving parties while ensuring regulatory compliance.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names, addresses, and registration details if applicable
2. Background: Context of the disclosure relationship, purpose of sharing information, and nature of the business relationship
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specific circumstances under which confidential information may be used or disclosed
7. Security Measures: Required security measures for protecting confidential information, including compliance with the Data Privacy Act
8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and conditions for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Data Privacy Compliance: Detailed section on compliance with the Data Privacy Act, required when personal data is involved
2. Third Party Disclosure: Rules for disclosure to third parties, needed when third-party access is anticipated
3. Intellectual Property Rights: Section addressing IP rights in disclosed information, required when technical or proprietary information is involved
4. Export Control: Compliance with export control laws, needed when international transfer of information is possible
5. Insurance Requirements: Insurance obligations, relevant when high-value or sensitive information is involved
6. Audit Rights: Rights to audit compliance, important for highly regulated industries
7. Survival Clause: Specification of obligations that survive termination, recommended for long-term relationships
1. Schedule A - Categories of Confidential Information: Detailed listing of types and categories of confidential information covered
2. Schedule B - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule D - Data Processing Requirements: Specific requirements for processing personal data under the Data Privacy Act
5. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or representatives who will access confidential information
6. Appendix 2 - Destruction Certificate: Template certificate confirming destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Professional Services
Information Technology
Legal Services
Management Consulting
Real Estate
Insurance
Banking
Telecommunications
Education
Manufacturing
Relevant Teams
Legal
Compliance
Risk Management
Information Security
Client Relations
Business Development
Operations
Data Protection
Corporate Governance
Procurement
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Data Protection Officer
Compliance Manager
Business Development Manager
Client Relations Manager
Project Manager
Legal Counsel
Risk Manager
Information Security Officer
Privacy Officer
Contract Manager
Operations Director
Managing Partner
Chief Financial Officer
Chief Operations Officer
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