Financial Confidentiality Agreement

Financial Confidentiality Agreement Template for Indonesia

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Key Requirements PROMPT example:

"I need a Financial Confidentiality Agreement under Indonesian law for my fintech startup sharing financial data with a major banking institution, with specific provisions for digital data protection and cross-border data transfers as we'll be processing data in Singapore."

Document background

The Financial Confidentiality Agreement serves as a critical legal instrument for protecting sensitive financial information in Indonesian business operations. This document is essential when parties need to share confidential financial data, proprietary trading information, customer financial records, or other sensitive financial sector information. It is specifically designed to comply with Indonesian regulations, including Law No. 7 of 1992 on Banking (as amended), OJK regulations, and the Personal Data Protection Law. The agreement is particularly crucial for financial institutions, corporations, and professional services firms operating in Indonesia who need to protect proprietary financial information while ensuring regulatory compliance. It includes comprehensive provisions for data security, permitted disclosures, and breach remedies, making it suitable for both domestic and international financial transactions involving Indonesian entities.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Recipients', and 'Financial Information'

4. Scope of Confidential Information: Specific description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to authorized personnel and regulatory authorities

7. Security Measures: Required security protocols and measures for protecting confidential information

8. Return or Destruction of Confidential Information: Procedures for handling 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 including injunctive relief

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection Compliance: Additional provisions for compliance with Indonesian Personal Data Protection Law - include when personal data is involved

2. Digital Information Handling: Specific provisions for electronic information handling - include when information is primarily shared digitally

3. Banking Secrecy Provisions: Additional provisions aligned with Indonesian banking laws - include when dealing with bank-related information

4. Third Party Rights: Provisions regarding rights of third parties - include when third party information may be involved

5. International Transfer of Information: Provisions for cross-border data transfer - include when parties are in multiple jurisdictions

6. Survivorship: Specific terms that survive termination - include for long-term sensitive information

7. Insurance Requirements: Obligations to maintain specific insurance coverage - include for high-value financial information

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial and other confidential information covered

2. Schedule 2 - Authorized Recipients: List of positions/roles authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information

4. Schedule 4 - Data Breach Response Plan: Procedures to be followed in case of actual or suspected breach

5. Appendix A - Contact Details: Key contact persons for notices and breach reporting

6. Appendix B - Information Classification Guidelines: Guidelines for classifying different types of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Corporate Finance

FinTech

Professional Services

Wealth Management

Capital Markets

Private Equity

Venture Capital

Asset Management

Financial Consulting

Relevant Teams

Legal

Finance

Compliance

Risk Management

Internal Audit

Treasury

Investment

Data Protection

Information Security

Corporate Governance

Operations

Financial Control

Relevant Roles

Chief Financial Officer

Financial Controller

Finance Manager

Investment Manager

Financial Analyst

Risk Manager

Compliance Officer

Legal Counsel

Banking Officer

Investment Advisor

Financial Consultant

Treasury Manager

Audit Manager

Chief Risk Officer

Data Protection Officer

Privacy Officer

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