The Confidentiality Agreement For Vendors is essential for businesses operating in Indonesia that need to share sensitive information with their vendors while maintaining legal protection under Indonesian law. This document becomes necessary when engaging with vendors who will have access to proprietary information, trade secrets, technical specifications, or other confidential business data. It incorporates requirements from Indonesian Trade Secrets Law (Law No. 30 of 2000), the Electronic Information and Transactions Law, and relevant data protection regulations. The agreement is particularly important given Indonesia's developing digital economy and the increasing need for vendor collaboration across various industries. It provides a framework for protecting confidential information while enabling necessary business operations, complete with enforcement mechanisms specific to the Indonesian legal system.
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1. Parties: Identification of the disclosing party (company) and receiving party (vendor), including their legal names, registration numbers, and addresses
2. Background: Brief context of the business relationship and purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Authorized Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including duty to maintain secrecy, permitted uses, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Specific security measures required to protect confidential information, including digital security requirements under Indonesian law
8. Term and Survival: Duration of the agreement and survival of obligations after termination
9. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Data Protection Compliance: Additional provisions for compliance with Indonesian data protection regulations when confidential information includes personal data
2. Electronic Information Handling: Specific provisions for handling electronic confidential information in compliance with ITE Law
3. Third Party Rights: Provisions addressing rights of third parties whose confidential information may be involved
4. Non-Competition: Additional provisions restricting competitive activities, if relevant to the vendor relationship
5. Intellectual Property Rights: Specific provisions addressing IP rights when confidential information includes intellectual property
6. Force Majeure: Provisions addressing obligations during force majeure events
7. Assignment: Provisions regarding the ability to assign rights and obligations under the agreement
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security protocols and measures required for protecting confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted purpose for which confidential information may be used
5. Appendix A - Information Handling Procedures: Standard operating procedures for handling confidential information
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