This NDA Between Two Individuals is specifically designed for use in Indonesia, where the protection of confidential information between individuals is governed by the Indonesian Civil Code (KUHPerdata) and specialized legislation such as Law No. 30 of 2000 on Trade Secrets. The document should be used when individuals need to share sensitive information in various contexts, such as business discussions, collaborative projects, mentorship relationships, or potential partnerships. It provides comprehensive protection for confidential information while ensuring compliance with Indonesian legal requirements, including provisions for electronic information exchange under the ITE Law and personal data protection under Law No. 27 of 2022. The template is particularly valuable for entrepreneurs, consultants, freelancers, and professionals who need to protect their intellectual property, business ideas, or personal information when engaging with other individuals.
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1. Parties: Identification of both individuals entering into the NDA, including full legal names and addresses
2. Background: Context for why the NDA is being entered into and the relationship between the parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Permitted Recipients'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it can be identified
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure and non-use requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Security Measures: Required measures to protect and safeguard confidential information
8. Term and Survival: Duration of the agreement and which obligations 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 including injunctive relief
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Electronic Communications: Include when parties will primarily exchange confidential information electronically
2. Intellectual Property Rights: Include when confidential information includes IP that needs specific protection
3. Non-Competition: Include when there's a need to prevent competitive activities
4. Non-Solicitation: Include when there's a need to prevent solicitation of clients or employees
5. Personal Data Protection: Include when confidential information includes personal data under Indonesian law
6. Costs: Include when there are specific arrangements about who bears costs related to protecting confidential information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Permitted Purpose: Detailed description of how confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Standard form for any permitted recipients to sign confidentiality undertaking
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