The Non-Disparagement Agreement is commonly used in the Philippines when parties need to establish clear boundaries regarding public and private communications about each other. It's particularly relevant in employment separations, business partnership dissolutions, or settlement agreements. The document addresses both traditional and modern forms of communication, including social media and digital platforms, while ensuring compliance with Philippine laws including the Civil Code, Cybercrime Prevention Act, and Data Privacy Act. This agreement is essential for protecting reputational interests while balancing constitutional rights to free speech. It typically includes specific definitions of prohibited conduct, permitted exceptions, enforcement mechanisms, and remedies for breach, all structured within the framework of Philippine jurisdiction.
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1. Parties: Identifies and provides full details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used in the agreement, particularly 'disparagement', 'confidential information', and 'communication channels'
4. Non-Disparagement Obligations: Details the core obligations of the parties to refrain from making disparaging statements, including specific prohibited actions
5. Scope of Communications: Specifies the types of communications covered (verbal, written, electronic, social media) and applicable contexts
6. Permitted Disclosures: Outlines exceptions where certain statements are permitted (legal proceedings, regulatory requirements, etc.)
7. Duration: Specifies how long the non-disparagement obligations remain in effect
8. Remedies and Enforcement: Details the consequences of breach, including available legal remedies and damages
9. Notice Requirements: Procedures for notifying other parties of potential breaches or required communications
10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for dispute resolution
11. General Provisions: Standard contract clauses including severability, entire agreement, and amendments
1. Mutual Support and Cooperation: Optional section for agreements where parties wish to include positive obligations to support each other's reputation
2. Social Media Policy: Detailed section specifically addressing social media behavior, recommended when parties have significant online presence
3. Dispute Resolution: Optional section detailing specific dispute resolution procedures like mediation before litigation
4. Survival Clause: Optional section specifying which provisions survive termination of any related agreements
5. Third Party Rights: Section needed when the agreement affects rights of affiliated companies or individuals
6. Confidentiality Obligations: Additional section when non-disparagement is linked to confidentiality requirements
7. Employment Related Provisions: Specific provisions when agreement is part of employment relationship or separation
1. Schedule A - Prohibited Forms of Communication: Detailed list of specific types of prohibited communications and examples
2. Schedule B - Social Media Platforms: List of specific social media platforms and digital channels covered by the agreement
3. Schedule C - Approved Public Statements: Pre-approved language for public communications about the relationship between parties
4. Appendix 1 - Notice Details: Contact information and procedures for required notices under the agreement
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