In the Philippines, computer programs and computer software can be protected either through copyright or as a trade secret. Patent law is not applicable to computer software and computer programs inasmuch as the Intellectual Property Code (“IP Code”) expressly provides that programs for computers are non-patentable.

Copyright is the main mode of legal protection for intellectual property interests in computer software, which is considered under the IP Code as “literary and artistic works.” While the creators of software are guaranteed the exclusive right to carry out, authorize, or prevent reproduction of the software, the IP Code nonetheless allows the following: (1) the reproduction of a back-up copy or adaptation of the software as an "essential step" for use with a computer, or for archival purposes; and (2) decompilation, i.e., the reproduction of the code and translation of the forms of a computer program to achieve the inter-operability of an independently created computer program with other programs, which may constitute “fair use.”

The enactment of Republic Act No. 9150 provides protection for Layout-Designs (Topographies) of Integrated Circuits.

Trade secret agreements are also used for the protection of computer software. However, in the absence of provisions on trade secrecy in the IP Code, trade secrecy is merely contractual between the parties.

Technology transfer agreements (“TTAs”) in the Philippines are governed by the provisions of the IP Code on voluntary licensing. These include provisions on the mandatory inclusion of certain clauses, as well as the prohibition on the insertion of others, which are generally for the protection of the licensee. As a general rule, TTAs which include all the mandatory provisions and contain none of the prohibited clauses are not registered with the Documentation, Information and Technology Transfer Bureau ("DITTB") of the Philippine Intellectual Property Office (“IPO”). However, TTAs which lack any of the mandatory provisions and/or contain any of the prohibited clauses are unenforceable, unless they are registered with the DITTB by way of filing a request for exemption.

A TTA or licensing agreement which contains any of the clauses prohibited under the IP Code is deemed prima facie to have an adverse effect on competition and trade. Such prohibited clauses include impositions as to purchasing sources and employment of personnel; restrictions on the licensee’s freedom with respect to pricing, volume, and research and development activities; requirements for payments to the licensor for industrial property rights which are not used or which have expired; and other similar provisions which have equivalent effects as the foregoing.

Parties to TTAs which do not contain the mandatory provisions and/or contain any of the prohibited clauses may: (1) revise the provisions of the TTA to comply with the IP Code; and/or (2) seek an exemption from the DITTB from the requirement to comply with the same. It is only in exceptional cases that a TTA may be exempted from compliance with the foregoing requirements.

Data privacy refers to the areas of privacy relating to personal information. As distinguished from other privacy concerns such as spying, wiretapping and eavesdropping, data privacy relates to the use of names, addresses, phone numbers, bank records, medical records, etc. Personal data can be gathered from a wide variety of transactions and activities. Computer techniques called collectively as "data mining" make it possible to put together data from different sources and combine them to create a fairly detailed profile. In this way, the data that was gathered by different people at different times can be combined, creating a whole that is much more revealing than any of the individual parts.

In the Philippines, there is no specific law regarding data privacy. Privacy is protected in general by the 1987 Constitution which states that "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable” and that "the privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.” The Constitution likewise provides for the inadmissibility of any evidence gathered in violation of these Constitutional guarantees.

Under Article 26 of the Civil Code, "every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons." Acts such as prying into the privacy of another’s residence or meddling with or disturbing the private life or family relations of another, although not constitutive of a criminal offense, produces a cause of action for damages, prevention and other relief.

With respect to bank deposits, the Bank Secrecy Act provides that all deposits of whatever nature with banks or banking institutions in the Philippines are absolutely confidential and may not be examined, inquired or looked into by any person, government official, bureau or office, except: (1) upon written permission of the depositor, (2) in cases of impeachment, (3) upon order of a competent court in cases of bribery or dereliction of duty of public officials, and (4) in cases where the money deposited or invested is the subject matter of litigation.