The Confidentiality Agreement is essential for businesses operating in Indonesia who need to protect sensitive information during commercial relationships, negotiations, or collaborations. It is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with service providers who may access confidential information. The document must comply with Indonesian law, particularly Law No. 30 of 2000 on Trade Secrets and Law No. 27 of 2022 on Personal Data Protection. The agreement typically covers trade secrets, proprietary information, customer data, technical knowledge, and business strategies, providing comprehensive protection through clearly defined obligations, security requirements, and enforcement mechanisms under Indonesian jurisdiction. It is particularly important given Indonesia's developing digital economy and increasing focus on data protection compliance.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, protection, and non-disclosure requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized representatives and as required by law
7. Security Measures: Required security measures for protecting confidential information, including digital security requirements under Indonesian EIT Law
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. General Provisions: Standard provisions including notices, amendments, and severability
1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes intellectual property
2. Data Protection Compliance: Specific provisions addressing compliance with Indonesian Personal Data Protection Law when personal data is involved
3. Non-Competition: Restrictions on competitive activities, subject to Indonesian competition law requirements
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Publicity and Announcements: Controls on public statements about the business relationship
6. Insurance Requirements: Obligations to maintain specific insurance coverage for data security and confidentiality risks
7. Electronic Information Security: Detailed provisions for electronic data security when significant digital information is involved
1. Schedule 1 - Detailed Description of Confidential Information: Comprehensive list and description of all information considered confidential
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Data Processing Requirements: Specific requirements for processing personal data under Indonesian law, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Energy
Mining
Telecommunications
E-commerce
Real Estate
Pharmaceutical
Agriculture
Consumer Goods
Education
Construction
Relevant Teams
Legal
Compliance
Information Security
Human Resources
Research and Development
Business Development
Executive Leadership
Procurement
Information Technology
Operations
Finance
Risk Management
Corporate Development
Data Protection
Intellectual Property
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Chief Technology Officer
Human Resources Director
Procurement Manager
Investment Manager
Project Manager
Research and Development Director
Chief Financial Officer
Operations Manager
Information Security Officer
Compliance Officer
Partnership Manager
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