NDA Between Two Companies

NDA Between Two Companies Template for Philippines

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Key Requirements PROMPT example:

"I need an NDA Between Two Companies under Philippine law for a software development partnership starting March 2025, with strong data protection clauses and specific provisions for source code protection."

Document background

This NDA Between Two Companies is essential for businesses operating in the Philippines that need to protect sensitive information during commercial discussions, negotiations, or potential partnerships. The document is structured to comply with Philippine legislation, including the Civil Code, Intellectual Property Code, and Data Privacy Act, while incorporating international best practices for confidentiality agreements. It's particularly relevant when companies are exploring joint ventures, merger discussions, supplier relationships, or other business opportunities that require sharing sensitive information. The agreement includes comprehensive definitions of confidential information, clear obligations for both parties, specific security requirements, and enforcement mechanisms suitable for the Philippine legal system. This template is designed to be adaptable across various industries while maintaining robust protection for corporate secrets, technical information, and business strategies.

Suggested Sections

1. Parties: Identification of the two companies entering into the NDA, including their complete legal names, registration numbers, and registered addresses

2. Background: Brief context of why the NDA is being entered into and the nature of the potential business relationship

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Representatives', 'Permitted Purpose', and other important terms used throughout the agreement

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law

7. Security Measures: Specific measures required to protect confidential information

8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Data Privacy Compliance: Additional provisions specifically addressing compliance with the Data Privacy Act of 2012, recommended when personal data may be involved

2. Corporate Group Protection: Extended protection to include affiliated companies and subsidiaries, useful when either party is part of a larger corporate group

3. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes patentable inventions or trade secrets

4. Digital Information Security: Specific provisions for protecting digital information and cybersecurity measures, recommended when significant digital assets are involved

5. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients, useful in competitive industries

6. Survival of Obligations: Specific provisions about which obligations survive termination and for how long

7. Assignment and Succession: Provisions regarding the transfer of rights and obligations, important for companies anticipating corporate restructuring

Suggested Schedules

1. Schedule 1: Authorized Representatives: List of individuals authorized to receive and handle confidential information

2. Schedule 2: Security Protocols: Detailed security measures and procedures for handling confidential information

3. Schedule 3: Categories of Confidential Information: Detailed categorization of different types of confidential information covered

4. Appendix A: Destruction Certificate: Template certificate confirming destruction of confidential information when required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Professional Services

Retail

Telecommunications

Real Estate

Energy

Consumer Goods

Pharmaceuticals

Business Process Outsourcing

Construction

Agriculture

Education

Relevant Teams

Legal

Executive Leadership

Business Development

Corporate Strategy

Research and Development

Information Technology

Operations

Finance

Procurement

Human Resources

Compliance

Product Development

Corporate Communications

Sales

Marketing

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Chief Financial Officer

Chief Technology Officer

Project Manager

Corporate Secretary

Compliance Officer

Operations Director

Managing Director

Head of Strategy

Research and Development Director

Chief Information Officer

Procurement Manager

Human Resources Director

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