This Medical Non-Disclosure Agreement is essential for organizations and individuals operating in Indonesia's healthcare sector who need to share or access confidential medical information. The document is designed to comply with Indonesian regulations, particularly Law No. 36 of 2009 on Health and the Personal Data Protection Law of 2022. It is commonly used when healthcare providers collaborate with external parties, during medical research projects, in clinical trials, or when engaging with healthcare technology providers. The agreement covers various types of medical information, including patient data, research findings, treatment protocols, and proprietary medical procedures, while incorporating specific Indonesian legal requirements for medical data protection and healthcare privacy. This document is particularly crucial given Indonesia's strict regulations on medical confidentiality and the increasing digitalization of healthcare services.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing medical information
3. Definitions: Detailed definitions of key terms, including 'Confidential Information', 'Medical Information', 'Authorized Personnel', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential medical information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, handling, and non-disclosure of confidential medical information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized personnel
7. Data Protection and Security Measures: Specific measures required to protect confidential information, including compliance with Indonesian data protection laws
8. Term and Survival: Duration of the agreement and provisions that survive termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Electronic Data Handling: Specific provisions for electronic medical records and digital information handling, necessary when electronic data is involved
2. Third Party Access: Provisions governing access by third parties such as contractors or service providers, included when third parties may need access to confidential information
3. International Transfer of Data: Requirements for transferring medical data internationally, included when cross-border data transfer is anticipated
4. Insurance Requirements: Specific insurance obligations related to data protection, included for high-risk information sharing
5. Audit Rights: Rights to audit compliance with the agreement, included for complex or high-stakes arrangements
6. Training Requirements: Obligations for training personnel on confidentiality procedures, included when staff will regularly handle sensitive information
1. Schedule A - Categories of Confidential Information: Detailed list of types of medical information covered by the agreement
2. Schedule B - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule D - Data Breach Response Plan: Procedures to be followed in case of a data breach or unauthorized disclosure
5. Appendix 1 - Compliance Checklist: Checklist for ensuring compliance with Indonesian medical data protection requirements
6. Appendix 2 - Confidentiality Acknowledgment Form: Form to be signed by individual personnel who will have access to confidential information
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