The Indemnity Confidentiality Agreement is essential for business relationships in Indonesia where parties need to share sensitive information while ensuring robust protection through both confidentiality obligations and specific indemnification provisions. This document is particularly relevant when parties anticipate significant potential damage from unauthorized disclosure and require stronger protection than standard confidentiality agreements. It combines elements of Indonesian trade secret law (Law No. 30 of 2000) with civil code provisions on contracts and damages, making it suitable for high-value transactions, strategic partnerships, or situations involving particularly sensitive proprietary information. The agreement is commonly used in corporate transactions, joint ventures, technology licensing, and professional service arrangements where the disclosing party requires additional security through specific indemnification commitments.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Permitted Purpose', 'Representatives', 'Indemnified Parties' and other key terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Indemnification: Specific indemnification obligations, scope of indemnity, and process for claiming indemnification
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. General Provisions: Standard boilerplate provisions including notices, amendments, and severability
1. Intellectual Property Rights: Additional section when confidential information includes IP rights requiring specific protection
2. Security Measures: Detailed security requirements when handling particularly sensitive information or compliance with specific security standards is required
3. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations
4. Data Privacy Compliance: Required when confidential information includes personal data subject to privacy laws
5. Export Control Compliance: Required when information sharing may be subject to international trade restrictions
6. Audit Rights: Optional provisions allowing audit of compliance with confidentiality obligations
1. Schedule 1 - Description of Confidential Information: Detailed listing or categorization of the confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who may access confidential information
5. Appendix B - Notice Requirements: Detailed procedures for serving notices under the agreement
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