The Confidentiality and Impartiality Agreement is essential for protecting sensitive business information and ensuring unbiased conduct in professional relationships under Indonesian law. This document is typically used when parties need to share confidential information while maintaining professional independence, such as in consulting engagements, auditing services, or business partnerships. It includes detailed provisions for information handling, conflict of interest prevention, and compliance with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and Law No. 27 of 2022 on Personal Data Protection. The agreement is designed to protect both parties' interests while ensuring transparency and professional integrity in their business relationship.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms including 'Confidential Information', 'Impartiality', 'Conflict of Interest', and other relevant terms
4. Confidentiality Obligations: Details the specific obligations regarding confidential information, including use, storage, and disclosure restrictions
5. Impartiality Obligations: Specifies requirements for maintaining impartiality, avoiding conflicts of interest, and related behavioral standards
6. Security Measures: Outlines required security measures for protecting confidential information
7. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures
1. Electronic Information Handling: Required when confidential information will be handled electronically, specifying cybersecurity measures and electronic storage requirements
2. Third Party Disclosure: Include when there may be legitimate needs to share information with third parties like advisors or regulators
3. Employee Training and Compliance: Add when the agreement covers an organization that needs to train employees on confidentiality obligations
4. Audit Rights: Include when one party requires the right to audit the other's compliance with confidentiality measures
5. Insurance Requirements: Add when requiring specific insurance coverage for potential breaches
6. Data Privacy Compliance: Required when confidential information includes personal data under Indonesian data protection law
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
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 - Approved Third Party Recipients: If applicable, list of pre-approved third parties who may receive confidential information
5. Appendix A - Declaration of Interests Form: Template form for declaring potential conflicts of interest
6. Appendix B - Confidentiality Acknowledgment Form: Form for employees or representatives to acknowledge confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Research and Development
Education
Government and Public Sector
Energy and Resources
Telecommunications
Pharmaceuticals
Consumer Goods
Media and Entertainment
Construction and Infrastructure
Legal Services
Relevant Teams
Legal
Human Resources
Information Technology
Research and Development
Finance
Procurement
Executive Leadership
Compliance
Risk Management
Quality Assurance
Business Development
Project Management Office
Information Security
Corporate Governance
Operations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
External Consultant
Board Director
Independent Auditor
Project Manager
Research Scientist
Legal Counsel
HR Director
IT Security Manager
Procurement Manager
Business Development Manager
Department Head
Quality Assurance Manager
Risk Management Officer
Compliance Officer
Technical Advisor
Strategic Consultant
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