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The Non-Disclosure Agreement For Software Development is a critical legal document used when engaging in software development projects in Indonesia where sensitive technical, business, or operational information needs to be shared between parties. This agreement is essential when outsourcing software development, hiring developers, or entering into technical partnerships where proprietary information, including source code, development methodologies, and technical specifications, will be exchanged. The document ensures compliance with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 30 of 2000 on Trade Secrets, and Law No. 27 of 2022 on Personal Data Protection. It's specifically structured to address the unique aspects of software development, including digital asset protection, code repository access, and technical documentation confidentiality.

1. Parties: Identification of the disclosing party (typically the company) and receiving party (typically the software developer/contractor), including their legal addresses and registration details

2. Background: Context of the agreement, including the nature of the software development project and the need for confidentiality

3. Definitions: Detailed definitions including 'Confidential Information', 'Software', 'Source Code', 'Development Materials', 'Trade Secrets', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the software development context, including code, algorithms, designs, and technical specifications

5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information

6. Permitted Use: Specific allowed uses of confidential information in relation to the software development project

7. Term and Survival: Duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after project completion or termination

9. Security Measures: Required technical and organizational security measures for protecting confidential information

10. Breach and Remedies: Consequences of breach and available legal remedies

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes