This NDA For IT Company template is specifically designed for technology businesses operating within the Indonesian legal framework. It serves as a crucial legal instrument for protecting sensitive information when engaging in business relationships, technical collaborations, or service agreements. The document is particularly relevant when sharing technical specifications, source code, development methodologies, or proprietary technology with third parties. It incorporates provisions that comply with Indonesian regulations, including Law No. 11 of 2008 on Electronic Information and Transactions and Law No. 27 of 2022 on Personal Data Protection. The agreement is structured to be enforceable under Indonesian law and includes mandatory bilingual provisions, making it suitable for both domestic and international technology partnerships.
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1. Parties: Identification of the parties entering into the NDA, including their legal names, addresses, and company registration details as per Indonesian requirements
2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Electronic Data'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically including technical data, source code, algorithms, software architecture, and trade secrets
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, contractors, and legal requirements
7. Data Security Measures: Specific security protocols required for protecting electronic data and digital assets
8. Term and Survival: Duration of the agreement and obligations that survive termination
9. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
1. Source Code Protection: Additional provisions specifically for protecting source code and development materials, used when software development information will be shared
2. Third Party Disclosure: Specific provisions for sharing with third party contractors or service providers, included when third party access is anticipated
3. Data Processing Requirements: Specific provisions aligned with Indonesian PDP Law, included when personal data processing is involved
4. Cloud Storage and Transfer: Provisions for cloud storage and international data transfers, included when cloud services are used
5. Post-Employment Obligations: Additional provisions for when the NDA covers employee relationships
6. Intellectual Property Rights: Detailed IP provisions, included when significant IP assets will be shared
7. Audit Rights: Provisions allowing audit of confidentiality measures, included for high-security requirements
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of authorized personnel who will have access to confidential information
3. Schedule 3 - Security Protocols: Detailed technical and organizational security measures required
4. Schedule 4 - Data Handling Procedures: Specific procedures for handling different types of confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by employees or contractors
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