This Accountant Non Disclosure Agreement is essential for businesses operating in Indonesia that need to protect sensitive financial and business information when engaging accounting professionals. The document is designed to comply with Indonesian law, including Law No. 5 of 2011 on Public Accountants and relevant provisions of the Indonesian Civil Code. It is particularly important when hiring in-house accountants, engaging external accounting firms, or working with financial consultants who will have access to confidential financial data, tax information, business strategies, and proprietary information. The agreement ensures that accounting professionals maintain strict confidentiality while still adhering to their professional obligations and Indonesian accounting standards.
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1. Parties: Identifies and defines the parties to the agreement - the company/employer and the accountant
2. Background: Sets out the context of the agreement, including the accountant's role and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Professional Services', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Details what constitutes confidential information, specifically in the context of accounting services and financial data
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and professional obligations
7. Security Measures: Specific measures required to protect confidential information, including digital and physical security
8. Duration of Obligations: Period during which confidentiality obligations remain in effect, including post-termination obligations
9. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures
1. Professional Standards Compliance: Additional section for registered public accountants, addressing compliance with IAI standards and professional regulations
2. Intellectual Property Rights: Optional section when the accountant may be exposed to or involved in IP-related matters
3. Third Party Disclosure: Additional provisions when the accountant needs to work with external parties or contractors
4. Data Protection Compliance: Specific section for cases involving personal data processing or international data transfers
5. Audit Rights: Optional section granting the company rights to audit the accountant's compliance with confidentiality obligations
1. Schedule A - Types of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule B - Security Protocols: Detailed procedures for handling and protecting confidential information
3. Schedule C - Approved Third Parties: List of approved third parties who may receive confidential information if relevant
4. Appendix 1 - Acknowledgment Form: Form to be signed by the accountant acknowledging receipt and understanding of confidential information
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