The Non-Disclosure Deed is essential for businesses and individuals operating in Indonesia who need to protect sensitive information during business negotiations, partnerships, or employment relationships. This deed format provides stronger legal protection compared to standard NDAs under Indonesian law, making it particularly suitable for high-value transactions or situations involving critical intellectual property. The document is commonly used before sharing sensitive business information, during due diligence processes, in joint venture negotiations, or when engaging with consultants or service providers. It ensures compliance with Indonesian regulations, including Law No. 30 of 2000 on Trade Secrets and relevant provisions of the Indonesian Civil Code, while providing clear mechanisms for enforcement and remedies in case of breach.
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1. Parties: Identification of all parties to the deed, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the relationship between the parties and purpose of the confidentiality obligations
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the deed
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Survival: Duration of the deed and which obligations survive termination
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: Formal execution provisions complying with Indonesian deed requirements
1. Intellectual Property Rights: Section addressing ownership and protection of intellectual property rights when confidential information includes IP
2. Non-Solicitation: Restrictions on soliciting employees or customers, used when parties have access to sensitive relationship information
3. Data Privacy Compliance: Specific provisions for handling personal data under Indonesian data protection laws, needed when confidential information includes personal data
4. Export Control: Provisions regarding compliance with export control laws, needed for international transactions
5. Competition Law Compliance: Specific provisions ensuring compliance with Indonesian competition laws, needed when parties are competitors
6. Force Majeure: Provisions addressing inability to perform due to extraordinary events, optional but recommended for long-term NDAs
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of specific confidential information covered by the deed
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who may receive confidential information
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