The Non Disclosure Form For Employees is a crucial document in the Philippine business environment, necessary for protecting an organization's confidential information and intellectual property. This agreement is typically executed at the start of employment or when an employee's role changes to include access to sensitive information. It ensures compliance with Philippine legislation, including the Data Privacy Act of 2012 (RA 10173), the Intellectual Property Code, and the Labor Code. The document is particularly important given the Philippines' growing role in global business operations and its significant business process outsourcing sector, where data protection and confidentiality are paramount. The agreement can be customized for various industries while maintaining core protections for trade secrets, customer information, and proprietary business processes.
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1. Parties: Identification of the employer company and the employee, including their complete legal names and addresses
2. Background: Brief context explaining the employment relationship and need for confidentiality
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the organization
5. Confidentiality Obligations: Employee's specific duties and responsibilities regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Security Measures: Specific measures the employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in effect
10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on working with competitors, used when allowed by Philippine labor law and necessary for business protection
2. Non-Solicitation: Restrictions on soliciting other employees or customers, included when employee has significant client contact
3. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when employee involved in creative or technical work
4. Data Privacy Compliance: Specific obligations under the Data Privacy Act, included when employee handles personal data
5. Remote Work Provisions: Additional security measures for remote working, used when employee works from home or remotely
6. Third Party Information: Specific provisions for handling third party confidential information, used when employee deals with client or partner data
1. Schedule A - Categories of Confidential Information: Detailed list of types of confidential information specific to the company
2. Schedule B - Authorized Recipients: List of positions or individuals authorized to receive specific types of confidential information
3. Schedule C - Security Protocols: Detailed security procedures and protocols to be followed
4. Schedule D - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of specific confidential materials
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