The Non Disclosure And Non Solicitation Agreement is essential for businesses operating in Indonesia who need to protect their confidential information and maintain stable business relationships. This document is typically used when entering into business relationships, hiring employees, engaging contractors, or exploring potential partnerships where sensitive information will be shared. It combines confidentiality protections with restrictions on soliciting employees, customers, or business partners, adhering to Indonesian legal framework including Trade Secret Law, Labor Law, and Competition Law. The agreement is particularly relevant in today's digital business environment where information protection is crucial and employee/customer relationships are valuable assets. It should be customized based on the specific relationship between the parties and the nature of the confidential information being protected.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Solicitation', 'Restricted Period', and other relevant terms
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements
5. Non-Solicitation Covenants: Specifies restrictions on soliciting employees, customers, or business partners
6. Duration: Specifies the term of the agreement and survival of obligations
7. Permitted Disclosures: Outlines circumstances where disclosure is permitted (e.g., court orders, regulatory requirements)
8. Return of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Electronic Information Protection: Specific provisions for protecting digital data and electronic information, relevant when significant digital assets are involved
2. Third Party Rights: Provisions regarding confidential information belonging to third parties, used when third-party information is involved
3. International Transfer of Data: Provisions for cross-border transfer of confidential information, needed for international business relationships
4. Intellectual Property Rights: Additional provisions protecting IP rights, used when confidential information includes IP
5. Security Measures: Specific security protocols and measures, required for highly sensitive information
6. Exit Interview Procedures: Specific procedures for departing employees, relevant in employment contexts
7. Training and Compliance: Requirements for training on confidentiality obligations, useful for long-term business relationships
1. Schedule A - Confidential Information: Detailed list and categories of confidential information covered by the agreement
2. Schedule B - Restricted Parties: List of specific customers, employees, or business partners covered by non-solicitation provisions
3. Schedule C - Security Protocols: Detailed security measures and procedures for protecting confidential information
4. Schedule D - Authorized Representatives: List of individuals authorized to receive or handle confidential information
5. Appendix 1 - Form of Confidentiality Undertaking: Standard form for additional parties who may need to sign confidentiality undertakings
6. Appendix 2 - Data Handling Procedures: Specific procedures for handling, storing, and disposing of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Telecommunications
Energy
Education
Research and Development
Pharmaceuticals
Construction
Media and Entertainment
Automotive
Food and Beverage
Relevant Teams
Legal
Human Resources
Executive Leadership
Research and Development
Information Technology
Business Development
Sales
Operations
Finance
Product Development
Marketing
Procurement
Strategy
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Business Development Manager
Research and Development Director
Chief Technology Officer
Project Manager
Sales Director
Operations Manager
Finance Director
IT Manager
Product Development Manager
Marketing Director
Procurement Manager
Strategy Consultant
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