The Non Competition Non Solicitation And Confidentiality Agreement is essential for businesses operating in the Philippines who need to protect their confidential information, customer relationships, and workforce stability. This agreement is particularly relevant when onboarding senior employees, key personnel, or engaging with contractors who will have access to sensitive business information. It must be structured to comply with Philippine law, including the Constitution, Labor Code, Data Privacy Act, and Competition Law. The agreement typically includes specific provisions on restricted activities, temporal and geographical limitations, and detailed confidentiality obligations. Given the Philippine courts' careful scrutiny of restrictive covenants, the agreement must balance legitimate business protection with reasonable restrictions that don't unduly limit an individual's right to work.
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1. Parties: Identifies the contracting parties - typically the employer/company and the employee/contractor
2. Background: Explains the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement including 'Confidential Information', 'Competing Business', 'Restricted Territory', etc.
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements
5. Non-Competition Covenant: Specifies the restrictions on competing activities, including scope, duration, and geographic limitations
6. Non-Solicitation of Employees: Prohibits the solicitation or hiring of company employees
7. Non-Solicitation of Customers: Restricts approaching or dealing with company customers and clients
8. Duration and Term: Specifies how long the various restrictions remain in effect
9. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination
10. Breach and Remedies: Outlines the consequences of breach and available remedies
11. General Provisions: Standard clauses including governing law, severability, and amendment procedures
1. International Operations: Additional provisions for companies operating across multiple jurisdictions
2. Industry-Specific Compliance: Special provisions for regulated industries (e.g., financial services, healthcare)
3. Intellectual Property Rights: Specific provisions regarding IP ownership and protection
4. Data Privacy Compliance: Detailed provisions ensuring compliance with the Data Privacy Act
5. Garden Leave: Provisions for paid non-compete period after employment
6. Training and Investment Protection: Provisions protecting company investment in employee training
7. Surviving Obligations: Specific obligations that continue after agreement termination
1. Schedule A - Confidential Information: Detailed list and categories of confidential information covered
2. Schedule B - Restricted Territory: Geographic scope of non-compete and non-solicitation restrictions
3. Schedule C - Competitor List: List of specific competitors or competing businesses
4. Schedule D - Customer List: List of customers covered by non-solicitation provisions
5. Schedule E - Group Companies: List of affiliated companies covered by the agreement
6. Appendix 1 - Acknowledgment Form: Form for periodic reaffirmation of obligations
7. Appendix 2 - Exit Procedures: Procedures for ensuring compliance upon termination
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Retail
Real Estate
Pharmaceuticals
Education
Business Process Outsourcing
E-commerce
Software Development
Consulting
Relevant Teams
Human Resources
Legal
Executive Leadership
Sales
Research and Development
Information Technology
Product Development
Finance
Operations
Business Development
Marketing
Customer Service
Engineering
Strategic Planning
Quality Assurance
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Software Developer
Sales Director
Business Development Manager
Research Scientist
Product Manager
Financial Controller
Human Resources Director
Operations Manager
Marketing Director
Account Manager
Technical Lead
Project Manager
Systems Architect
Senior Consultant
Regional Manager
Department Head
Vice President
Chief Financial Officer
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