Data Privacy Notice Template Philippines

DATA PRIVACY NOTICE AND AGREEMENT

THIS DATA PRIVACY NOTICE AND AGREEMENT (the "Agreement") is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

[Company Name], a corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office address at [Office Address] (hereinafter referred to as the "Company");

AND

[Counterparty/Data Subject Name], with residential/registered address at [Address] (hereinafter referred to as the "Counterparty").

(The Company and the Counterparty shall be collectively referred to as the "Parties" and individually as a "Party").

1. RECITALS

WHEREAS, the Company is engaged in the business of [Nature of Business] and requires the processing of personal data to perform its contractual obligations and business functions;

WHEREAS, the Counterparty acknowledges the importance of data privacy and desires to formalize the terms under which their personal data is collected, processed, and stored by the Company;

WHEREAS, this Agreement is executed in compliance with the Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012," its Implementing Rules and Regulations, and relevant issuances of the National Privacy Commission (NPC) of the Philippines.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

2. OPERATIONAL DEFINITIONS

1. "Data Privacy Act" refers to Republic Act No. 10173, including all subsequent amendments and regulatory issuances by the NPC.
2. "Personal Data" refers to all types of Personal Information, Sensitive Personal Information, and Privileged Information as defined under the Data Privacy Act.
3. "Processing" refers to any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data.
4. "Data Subject" refers to an individual whose personal data is processed by the Company.
5. "Personal Information Controller" (PIC) refers to the Company, which controls the collection, holding, processing, or use of personal data.
6. "Personal Information Processor" (PIP) refers to any natural or juridical person to whom the PIC may outsource or instruct the processing of personal data.

3. SUBSTANTIVE TERMS AND OBLIGATIONS

1. Scope of Collection: The Company shall collect only such Personal Data as is necessary for the fulfillment of the purpose stated in [Reference to Specific Contract/Purpose], which includes [Specific Data Categories].
2. Duty of Confidentiality: The Company shall implement reasonable and appropriate organizational, physical, and technical security measures to protect Personal Data against accidental or unlawful destruction, alteration, and disclosure.
3. Rights of the Data Subject: The Counterparty retains the rights to access, correction, erasure, objection, and data portability as provided under the Data Privacy Act.
4. Purpose Limitation: The Company shall process Personal Data exclusively for the stated purpose and shall not share, transfer, or disclose such data to third parties without the prior written consent of the Counterparty, except where required by law or judicial order.
5. Retention Period: Personal Data shall be retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained, or as required by Philippine law, after which it shall be disposed of in a secure manner.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Breach Classification: A breach of this Agreement includes any unauthorized processing, unauthorized disclosure, or failure to implement mandatory security measures resulting in a data compromise.
2. Notice and Cure: In the event of a breach, the non-breaching Party shall provide written notice to the breaching Party. The breaching Party shall have thirty (30) business days from receipt of such notice to cure the breach to the reasonable satisfaction of the non-breaching Party.
3. Termination: If the breach is not cured within the thirty (30) business day period, the non-breaching Party may terminate this Agreement immediately upon written notice.
4. Legal Recourse: The Parties agree that a breach may cause irreparable harm. The non-breaching Party shall be entitled to seek injunctive relief, damages, and such other legal remedies available under the laws of the Philippines, including reporting the violation to the National Privacy Commission.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This document constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements, oral or written.
3. Force Majeure: Neither Party shall be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control, including acts of God, war, or government regulation.
4. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of the Philippines.
5. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be settled amicably. If the dispute remains unresolved, it shall be submitted to the exclusive jurisdiction of the competent courts of [City/Municipality], Philippines.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date first above written.

[Company Name]

By: ___________________________ Name: [Signatory Name] Title: [Title] Date: _________________________

[Counterparty/Data Subject Name]

By: ___________________________ Name: [Signatory Name] Title: [Title, if applicable] Date: _________________________