This Trade Secret Agreement is essential for businesses operating in Indonesia who need to protect their valuable confidential information while sharing it with third parties. The document is structured in accordance with Indonesian Law No. 30 of 2000 on Trade Secrets and related regulations, providing comprehensive protection for proprietary information, technical knowledge, business methods, and other confidential data. It's particularly crucial when entering into business partnerships, outsourcing arrangements, or consulting relationships where sensitive information needs to be shared. The agreement defines specific security measures, permitted uses, and consequences of breach, while ensuring compliance with Indonesian legal requirements for trade secret protection and enforcement.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing trade secrets
3. Definitions: Detailed definitions of trade secrets, confidential information, permitted uses, and other key terms
4. Scope of Protected Information: Detailed description of what constitutes trade secrets and confidential information under the agreement
5. Obligations of Receiving Party: Specific duties regarding protection, non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which trade secrets may be shared and procedures for such sharing
7. Security Measures: Required physical, technical, and administrative measures to protect trade secrets
8. Duration and Return of Information: Term of confidentiality obligations and procedures for returning or destroying confidential information
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
11. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Employee and Contractor Obligations: Additional provisions for agreements where receiving party needs to share information with employees or contractors
2. International Transfer Provisions: Special provisions for cases involving cross-border transfer of trade secrets
3. Industry-Specific Compliance: Additional provisions for regulated industries or specific sector requirements
4. Non-Competition Provisions: Restrictions on competitive activities, where permissible under Indonesian law
5. Audit Rights: Rights to audit compliance with security measures and handling of trade secrets
6. Insurance Requirements: Obligations to maintain specific insurance coverage for trade secret protection
7. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings
1. Schedule A - Protected Trade Secrets: Detailed list and description of specific trade secrets covered by the agreement
2. Schedule B - Security Protocols: Detailed security measures and protocols to be implemented
3. Schedule C - Authorized Personnel: List of individuals authorized to access trade secrets and their level of access
4. Schedule D - Return/Destruction Certificate: Template certificate for confirming return or destruction of trade secrets
5. Schedule E - Disclosure Log: Template for recording any permitted disclosures of trade secrets
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