A Non-Disclosure and Non-Use Agreement is essential when parties need to share confidential or proprietary information while ensuring its protection and restricted use. This document, governed by Indonesian law, particularly Law No. 30 of 2000 on Trade Secrets and the Indonesian Civil Code, establishes clear obligations for handling sensitive information, including technical data, business plans, intellectual property, and trade secrets. It's commonly used in business negotiations, potential partnerships, employment relationships, and consulting arrangements where proprietary information needs to be shared but protected. The agreement defines permitted uses, security requirements, and consequences of breach, while ensuring compliance with Indonesian legal requirements regarding confidential information protection.
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1. Parties: Identifies and provides full details of the parties entering into the agreement, including their legal status and registered addresses
2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship between the parties
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Disclosure and Use of Confidential Information: Details the terms under which confidential information will be disclosed and the permitted uses of such information
5. Confidentiality Obligations: Specifies the recipient's obligations to maintain confidentiality and protect the information
6. Security Measures: Outlines the required security measures for protecting confidential information
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for dispute resolution
11. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Permitted Disclosures: Used when certain types of disclosures need to be explicitly permitted, such as to professional advisors or as required by law
2. Non-Competition: Include when the agreement needs to restrict competitive activities alongside confidentiality obligations
3. Representatives and Third Parties: Required when confidential information needs to be shared with employees, agents, or professional advisors
4. Data Privacy Compliance: Include when confidential information includes personal data subject to privacy laws
5. Export Control: Necessary when confidential information may be subject to export control regulations
6. Survival: Used to specify which obligations continue after termination of the agreement
7. Alternative Dispute Resolution: Include when parties prefer arbitration or mediation before court proceedings
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which the confidential information may be used
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting the confidential information
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
5. Appendix A - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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