This Confidentiality Agreement For Contractors is designed for use in the Philippine business environment where companies increasingly rely on external contractors while needing to protect their confidential information. The agreement complies with Philippine legislation, particularly the Data Privacy Act of 2012, the Civil Code, and the Intellectual Property Code. It should be used whenever engaging contractors who will have access to sensitive company information, trade secrets, proprietary technology, or personal data. The document includes comprehensive definitions of confidential information, specific obligations for data protection, and enforcement mechanisms available under Philippine law. It's particularly relevant in today's digital business environment where data protection is crucial and contractor relationships are common.
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1. Parties: Identifies the disclosing party (typically the company) and the receiving party (the contractor), including their full legal names and addresses
2. Background: Explains the context of the relationship between the parties and the purpose of sharing confidential information
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 obligations regarding the protection and non-disclosure of confidential information
6. Permitted Uses and Disclosures: Specifies how the contractor may use the confidential information and under what circumstances disclosure is permitted
7. Security Measures: Required security measures for protecting confidential information, including compliance with the Data Privacy Act
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Survival: Duration of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights, particularly relevant when the contractor may develop or have access to IP
2. Data Privacy Compliance: Detailed section on compliance with the Data Privacy Act, necessary when personal data processing is involved
3. Non-Competition: Restrictions on competitive activities, used when the contractor may gain competitive advantage from the confidential information
4. Non-Solicitation: Prevents contractor from soliciting employees or clients, relevant for contractors with client/employee exposure
5. Digital Security Measures: Specific provisions for digital security when confidential information is primarily in electronic form
6. Third Party Disclosure: Additional provisions governing disclosure to third parties when contractor needs to involve subcontractors
7. International Transfer of Data: Required when contractor may transfer or access confidential information from outside the Philippines
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule D - Approved Subcontractors: List of approved subcontractors who may have access to confidential information, if applicable
5. Appendix 1 - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
6. Appendix 2 - Incident Response Plan: Procedures to follow in case of actual or suspected breach of confidentiality
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Manufacturing
Healthcare
Financial Services
Telecommunications
Research and Development
Construction
Education
Retail
Energy
Media and Entertainment
Biotechnology
Real Estate
Business Process Outsourcing
Relevant Teams
Legal
Human Resources
Procurement
Information Technology
Operations
Research and Development
Compliance
Information Security
Business Development
Facilities Management
Administrative Services
Project Management Office
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Procurement Manager
Project Manager
IT Director
Chief Technology Officer
Operations Manager
Research Director
Department Head
Contract Administrator
Compliance Officer
Chief Information Security Officer
Business Development Manager
Facility Manager
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