This Model Non-Disclosure Agreement serves as a standardized template for protecting confidential information in various business contexts under Indonesian law. It is particularly useful when parties need to share sensitive business information, trade secrets, or proprietary data during business negotiations, partnerships, or potential transactions. The document incorporates requirements from key Indonesian legislation, including the Civil Code, Trade Secrets Law, and data protection regulations. It can be adapted for both unilateral and mutual disclosure scenarios and includes provisions for handling electronic information in compliance with Law No. 11 of 2008 on Electronic Information and Transactions. The agreement is suitable for domestic Indonesian transactions as well as international business relationships where Indonesian law governs the arrangement.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the purpose of sharing confidential information and the relationship between the parties
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including protection, non-disclosure, and permitted uses 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: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of 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
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Employee and Contractor Obligations: Additional provisions when the NDA covers employees or contractors, including specific workplace confidentiality requirements
2. Intellectual Property Rights: Specific provisions regarding IP rights when the confidential information includes patentable inventions or copyrightable works
3. Data Protection Compliance: Specific provisions for compliance with Indonesian data protection laws when personal data is involved
4. Non-Competition and Non-Solicitation: Additional restrictions on competitive activities, used when there's a specific business relationship context
5. Export Control Compliance: Provisions regarding compliance with export control laws when international transfers of technology are involved
6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering when technical information or trade secrets are involved
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling the confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access to the confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Energy
Telecommunications
Real Estate
Education
Research & Development
Pharmaceutical
Mining
Agriculture
Construction
Entertainment
Automotive
Consumer Goods
Relevant Teams
Legal
Human Resources
Research and Development
Executive Management
Business Development
Procurement
Information Technology
Finance
Operations
Corporate Strategy
Sales
Innovation
Compliance
Product Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Project Manager
Research Director
Human Resources Director
Chief Technology Officer
Investment Manager
Operations Manager
Procurement Manager
Contract Administrator
Corporate Secretary
Chief Financial Officer
Innovation Manager
Strategy Consultant
Technical Director
Sales Director
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