A Consultant Confidentiality Agreement is essential when engaging external consultants or professional advisors who will have access to sensitive company information. This document, governed by Indonesian law, establishes legally binding confidentiality obligations to protect trade secrets, proprietary information, and intellectual property. It is particularly important in Indonesia where trade secret protection falls under specific legislation (Law No. 30 of 2000) and requires explicit contractual protection. The agreement should be implemented before sharing any confidential information with consultants and remains effective throughout the consultation period and beyond. It includes detailed definitions of confidential information, specific security measures required under Indonesian law, and clear consequences for breach, making it suitable for both individual consultants and consulting firms operating in Indonesia.
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1. Parties: Identification of the company (disclosing party) and the consultant (receiving party), including their legal details and addresses
2. Background: Context of the consultancy relationship and the need for confidentiality protection
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Specific measures the consultant must implement to protect confidential information
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and survival of obligations after termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard clause confirming this document represents the entire agreement regarding confidentiality
1. Intellectual Property Rights: Additional provisions regarding IP rights when the consultant may create or work with IP during the engagement
2. Non-Competition: Restrictions on competitive activities, if appropriate for the consultancy relationship
3. Assignment and Subcontracting: Rules about whether the consultant can assign rights or subcontract obligations
4. Data Protection Compliance: Specific provisions regarding compliance with Indonesian data protection laws when personal data is involved
5. Warranties and Representations: Additional warranties from the consultant regarding their ability to maintain confidentiality
6. Insurance: Requirements for professional indemnity or other insurance coverage
7. Notices: Formal requirements for giving notices under the agreement
1. Schedule 1 - Description of Services: Detailed description of the consulting services to provide context for the confidentiality obligations
2. Schedule 2 - Categories of Confidential Information: Specific listing of types or categories of confidential information covered
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Authorized Representatives: List of personnel authorized to receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for consultant's representatives
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Energy
Mining
Real Estate
Education
Retail
Pharmaceuticals
Construction
Agriculture
Transportation
Media and Entertainment
Relevant Teams
Legal
Human Resources
Procurement
Operations
Information Technology
Finance
Risk and Compliance
Research and Development
Business Development
Project Management Office
Corporate Security
Administrative Services
Relevant Roles
Chief Executive Officer
Legal Counsel
HR Director
Procurement Manager
Project Manager
Operations Director
Chief Technology Officer
Chief Financial Officer
Business Development Manager
Risk Manager
Compliance Officer
Department Head
Managing Director
Contract Administrator
External Consultant
Independent Contractor
Professional Advisor
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