This Online Confidentiality Agreement is designed for use in Indonesia when parties need to exchange confidential information through electronic means. It is particularly relevant in today's digital business environment where most information sharing occurs online. The document ensures compliance with Indonesian regulations, particularly the ITE Law and data protection requirements, while providing robust protection for confidential information shared electronically. It includes provisions for electronic signatures, digital document handling, and secure information storage, making it suitable for both domestic and international business relationships where Indonesian law governs. The agreement is commonly used in business negotiations, partnerships, service arrangements, and other commercial relationships where sensitive information needs to be shared securely through digital channels.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and 'Electronic Execution'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Electronic Storage and Transmission: Requirements for secure electronic storage and transmission of confidential information
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
10. Electronic Execution and Validity: Provisions ensuring validity of electronic execution under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Intellectual Property Rights: Section clarifying ownership and IP rights in confidential information, particularly relevant when technical or creative information is involved
2. Data Protection Compliance: Additional provisions for compliance with Indonesian data protection laws when personal data is involved
3. International Transfer of Information: Special provisions for cases where confidential information may be transferred outside Indonesia
4. Specific Security Protocols: Detailed security requirements for highly sensitive information or regulated industries
5. Audit Rights: Rights to audit compliance with confidentiality obligations, useful for high-value or highly sensitive information
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-risk situations
7. Force Majeure: Provisions for handling confidential information during force majeure events
8. Language Requirements: Dual language provisions if agreement needs to be in both Indonesian and English
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required for handling confidential information
4. Schedule 4 - Approved Electronic Systems: List of approved electronic systems and platforms for sharing and storing confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will access confidential information
6. Appendix B - Data Breach Notification Protocol: Procedures to be followed in case of actual or suspected data breaches
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
E-commerce
Financial Services
Healthcare
Manufacturing
Professional Services
Media and Entertainment
Education
Telecommunications
Energy and Resources
Start-ups and Innovation
Real Estate
Retail and Consumer Goods
Biotechnology
Research and Development
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Research and Development
Business Development
Human Resources
Operations
Risk Management
Corporate Affairs
Procurement
Executive Leadership
Innovation
Data Protection
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Legal Counsel
Compliance Officer
Business Development Manager
Project Manager
IT Security Manager
Data Protection Officer
Research Director
Human Resources Director
Procurement Manager
Investment Manager
Operations Manager
Corporate Secretary
Risk Manager
Innovation Director
Partnership Manager
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