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Non Disclosure Agreement Arbitration Clause

Non Disclosure Agreement Arbitration Clause Template for Philippines

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Key Requirements PROMPT example:

Non Disclosure Agreement Arbitration Clause

"I need a Non-Disclosure Agreement with Arbitration Clause for my tech startup in Manila, protecting our AI algorithms and source code as we collaborate with potential investors starting January 2025, with specific provisions for digital data protection and virtual arbitration proceedings."

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Document background
This Non-Disclosure Agreement Arbitration Clause template is designed for use in the Philippine jurisdiction when parties need to protect confidential information while ensuring disputes are resolved through arbitration. It is particularly relevant for business relationships where sensitive information needs to be shared, such as during business negotiations, joint ventures, consulting arrangements, or potential investments. The document complies with Philippine contract law, the Alternative Dispute Resolution Act of 2004, and the Data Privacy Act of 2012, making it suitable for both domestic and international transactions. The inclusion of an arbitration clause provides parties with a private, efficient, and internationally recognized dispute resolution mechanism, while the confidentiality provisions offer comprehensive protection for proprietary information, trade secrets, and other sensitive data.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details if applicable

2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant definitions

4. Scope of Confidentiality: Detailed description of what constitutes confidential information and what is excluded from confidentiality obligations

5. Obligations of Receiving Party: Core confidentiality obligations, including use restrictions, security measures, 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. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

9. Arbitration and Dispute Resolution: Comprehensive arbitration provisions compliant with Philippine ADR Act, including venue, number of arbitrators, and governing rules

10. General Provisions: Standard clauses including governing law, entire agreement, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Additional provisions clarifying ownership and protection of IP rights, particularly relevant when technical information or trade secrets are involved

2. Data Privacy Compliance: Specific provisions addressing compliance with the Data Privacy Act of 2012, necessary when personal data may be shared

3. Security Measures: Detailed requirements for specific security protocols or systems, useful for technology-related agreements

4. Non-Solicitation: Restrictions on soliciting employees or customers, relevant in business relationship contexts

5. Remedies and Injunctive Relief: Enhanced provisions on specific remedies available in case of breach, including right to seek injunctive relief

6. Representatives and Warranties: Additional warranties regarding authority to share information and its accuracy, important for regulated industries

7. Notice Requirements: Detailed procedures for mandatory notifications, particularly relevant for regulated industries or complex business relationships

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed list or categories of 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: Specific security measures and protocols required for handling confidential information

4. Appendix 1 - Form of Acknowledgment: Template for acknowledgment to be signed by representatives who will have access to confidential information

5. Appendix 2 - Data Processing Requirements: Specific requirements for handling personal data under Philippine Data Privacy Act, if applicable

Authors

Alex Denne

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

alex.den.21@genieai.co
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