Non-disclosure agreements (NDAs) are essential for businesses to protect their sensitive information and intellectual property. In the Philippines, NDAs are necessary for employers to safeguard their trade secrets, proprietary data, and other confidential information from being disclosed to competitors or unauthorized third parties. Crafting an NDA for employees requires careful consideration and attention to detail. In this article, we will explore a sample NDA for employees in the Philippines.
Sample Non-Disclosure Agreement for Employees in the Philippines:
As a condition of your employment with [Company Name], you will be required to sign this Non-Disclosure Agreement (NDA) to protect and maintain the confidentiality of our proprietary and confidential information. This NDA is effective as of [date] and shall remain valid and enforceable during your employment with the Company and thereafter.
1. Confidential Information
Confidential Information refers to any and all information that is not generally known to the public, including but not limited to intellectual property, trade secrets, financial information, business plans, customer lists, and any other information that is proprietary to the Company.
2. Obligations of the Employee
The Employee agrees to maintain the confidentiality of all Confidential Information to which they are provided access during the course of their employment with the Company. The Employee shall protect the Confidential Information from unauthorized use, access, or disclosure. The Employee shall not use the Confidential Information for any purpose other than their duties and responsibilities as an employee of the Company.
3. Permitted Disclosures
The Employee may disclose Confidential Information only to those employees or agents of the Company who have a need to know in connection with their job duties and responsibilities. The Employee may also disclose Confidential Information if required by law or court order, provided that the Employee gives the Company prompt notice of such requirement.
4. Return of Confidential Information
Upon termination of your employment with the Company, the Employee shall immediately return all Confidential Information to the Company, including any copies, extracts, or summaries thereof. The Employee shall also delete all electronic copies of Confidential Information from their personal devices or online accounts.
5. Injunctive Relief
The Employee acknowledges that a breach of this NDA will cause irreparable harm to the Company and that monetary damages may not be appropriate relief. Therefore, in addition to any other remedies that may be available at law or in equity, the Company shall be entitled to seek injunctive relief and specific performance without the necessity of proof of actual damages.
6. Governing Law and Jurisdiction
This NDA shall be interpreted and enforced in accordance with the laws of the Philippines. Any dispute arising out of or in connection with this NDA shall be settled by arbitration in the Philippines in accordance with the rules of the Philippine Dispute Resolution Center.
In conclusion, crafting an NDA for employees in the Philippines is a crucial step for businesses to protect their Confidential Information. The sample NDA provided above can be used as a starting point for employers to create a comprehensive NDA that meets their specific needs. By ensuring that employees sign and abide by an NDA, businesses can maintain their competitive edge and protect their valuable assets.