The Non-Disclosure Waiver is essential in Philippine business transactions where confidential information needs to be shared while maintaining its secrecy and protecting the disclosing party's interests. This document type is commonly used in business negotiations, employment relationships, and corporate transactions within the Philippine jurisdiction. It ensures compliance with local regulations, including the Data Privacy Act of 2012, the Civil Code of the Philippines, and relevant intellectual property laws. The Non-Disclosure Waiver typically includes provisions for defining confidential information, establishing security measures, outlining permitted uses, and specifying remedies for breach. It's particularly important given the increasing focus on data privacy and protection in Philippine business practices and the need for clear documentation of confidentiality obligations in commercial relationships.
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1. Parties: Identification of the disclosing party and receiving party, including complete legal names, addresses, and corporate details if applicable
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Clear definitions of key terms including 'Confidential Information', '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 confidentiality obligations, including duty to maintain secrecy, permitted uses, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with the Data Privacy Act when personal data is involved
2. Digital Information Handling: Specific provisions for handling digital or electronic confidential information
3. Third Party Rights: Provisions regarding confidential information belonging to third parties
4. Intellectual Property Rights: Specific provisions regarding IP rights in confidential information
5. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
6. Export Control: Provisions for international transfer of confidential information
7. Competitive Activities: Restrictions on competitive activities, if relevant to the business relationship
8. Force Majeure: Provisions for handling confidential information during force majeure events
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential information
5. Appendix B - Notification Requirements: Procedures and contact details for required notifications under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Real Estate
Retail
Education
Telecommunications
Energy
Construction
Pharmaceuticals
Entertainment
Automotive
Agriculture
Mining
Food and Beverage
Research and Development
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Compliance
Corporate Development
Strategy
Innovation
Product Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Human Resources Director
Business Development Manager
Project Manager
Research Director
Chief Technology Officer
Investment Manager
Operations Manager
Procurement Manager
Chief Financial Officer
Corporate Secretary
Compliance Officer
Department Head
Product Manager
Strategic Planning Director
Merger & Acquisition Specialist
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