The Client Disclosure Agreement serves as a critical legal instrument in Indonesian business relationships where confidential information needs to be shared between parties. This document is essential when engaging with clients, service providers, or business partners who require access to sensitive business information, trade secrets, or personal data. The agreement ensures compliance with Indonesian regulations, particularly the Personal Data Protection Law (UU PDP) No. 27/2022 and the Electronic Information and Transactions Law. It should be used before initiating any business relationship involving the exchange of confidential information, establishing clear protocols for information handling, security measures, and defining the scope of permitted use. The document addresses both traditional confidentiality concerns and modern data protection requirements under Indonesian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including their legal names, registration numbers, and addresses
2. Background: Context of the agreement, nature of the business relationship, and purpose of the disclosure
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Permitted Purpose'
4. Scope of Confidential Information: Clear delineation of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the handling, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Data Protection Compliance: Compliance requirements with Indonesian Personal Data Protection Law and related regulations
8. Security Measures: Required security measures for protecting confidential information
9. Term and Survival: Duration of the agreement and provisions that survive termination
10. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
11. Breach and Remedies: Consequences of breach and available remedies
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Electronic Information Handling: Specific provisions for electronic data handling under ITE Law, used when significant digital information is involved
2. Industry-Specific Compliance: Additional compliance requirements for specific industries (e.g., financial services, healthcare)
3. International Transfer of Data: Provisions for cross-border data transfers, required when parties operate internationally
4. Audit Rights: Rights to audit compliance with the agreement, useful for high-security requirements
5. Insurance Requirements: Specific insurance obligations, relevant for high-value or high-risk information
6. Force Majeure: Provisions for extraordinary events affecting compliance, optional but recommended
7. Third-Party Rights: Rights of third parties mentioned in or affected by the agreement
1. Schedule 1 - Categories of Confidential Information: Detailed listing of types and categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols to be implemented
4. Schedule 4 - Data Processing Requirements: Detailed requirements for processing personal data under Indonesian law
5. Appendix A - Contact Details: Contact information for key personnel and notices
6. Appendix B - Information Handling Procedures: Step-by-step procedures for handling confidential information
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