The Reciprocal Non-Disclosure Agreement is essential for businesses operating in Indonesia that need to share sensitive information while maintaining confidentiality. This document is particularly relevant for commercial negotiations, joint ventures, strategic partnerships, and business transactions where both parties need to exchange confidential information. The agreement complies with Indonesian legal requirements, including the Trade Secrets Law (UU No. 30 Tahun 2000) and relevant provisions of the Civil Code. It is structured to protect both parties equally, covering various types of confidential information including trade secrets, proprietary technology, business strategies, and customer data. The document is commonly used during initial business discussions, due diligence processes, or when exploring potential collaborations where mutual trust and confidentiality are paramount.
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1. Parties: Identification of the parties entering into the NDA, including full legal names, company details, and addresses
2. Background: Context for the agreement, including the purpose of sharing confidential information and the mutual nature of the disclosure
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose', 'Representatives', and 'Affiliates'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information for each party
5. Obligations of Confidentiality: Core mutual obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Required procedures and safeguards for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available legal remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Intellectual Property Rights: Additional provisions clarifying that the disclosure of confidential information does not transfer any IP rights - useful when IP-sensitive information is involved
2. Data Privacy Compliance: Specific provisions regarding compliance with Indonesian data protection laws - necessary when personal data is involved
3. Electronic Information Protection: Specific provisions for protecting electronic data under UU ITE - required when electronic data is a significant component
4. Non-Solicitation: Provisions preventing parties from soliciting each other's employees - useful in business contexts where employee poaching is a concern
5. Export Control: Provisions regarding compliance with export control laws - necessary for international business relationships
6. Force Majeure: Provisions for handling confidentiality obligations during force majeure events - useful in long-term relationships
1. Schedule 1 - Designated Representatives: List of authorized representatives from each party who may receive confidential information
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Permitted Purpose Details: Detailed description of the specific business purpose for which confidential information may be used
4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives and third parties
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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