Philippine courts generally recognize NDAs as enforceable contracts, provided they meet the essential requisites of a valid contract under Article 1318 of the Civil Code: consent, object, and cause.
Employee inclusive of his/her direct beneficiaries in business, interest and title in recognition of the transfer of Confidential and Proprietary Information to ​Company Name hereby agrees not to directly or indirectly compete with the business of Company name and its successors and assigns during the term of the ...
NDAs can be enforced internationally depending on the jurisdiction and the laws that will apply to the NDA. There is a general understanding that each overseas party your business is engaging with will have its own rules and jurisdiction regarding the enforcement of NDAs.
Instead, as of writing, prevailing Philippine case law confirms that non-compete agreements are legally valid and binding in the country as a contractual stipulation under Philippine civil law, and not under its labour code.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
Both parties must enter into the NDA voluntarily and with a clear understanding of its terms. If there was coercion or deception involved, the agreement may not be valid.
In California, a nondisclosure agreement may be enforceable, provided it meets basic criteria. The restrictive covenant must be properly drafted. This entails clear writing, detailed information about the confidential components of the contract, and a clearly stated extent of the confidentiality obligation.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.