The Confidentiality Agreement Form is a crucial legal instrument used in Indonesian business transactions where sensitive information needs to be shared between parties. This document is essential when businesses, individuals, or organizations need to disclose confidential information such as trade secrets, proprietary technology, business strategies, or customer data while ensuring legal protection under Indonesian law. The agreement becomes particularly relevant during business negotiations, due diligence processes, employment relationships, or collaborative ventures. It must comply with Indonesian regulations, particularly Law No. 30 of 2000 on Trade Secrets and related data protection laws, while providing clear mechanisms for confidentiality maintenance and breach remedies. The document's importance has grown with increasing cross-border transactions and digital information sharing in the Indonesian business environment.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details as required under Indonesian law
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Clear definitions of 'Confidential Information', 'Trade Secrets', 'Permitted Purpose' and other key terms used in the agreement
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including protection measures, non-disclosure requirements, and permitted uses
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Breach and Remedies: Consequences of breach and available legal remedies under Indonesian law
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Security Measures: Specific technical and organizational measures required for protecting confidential information, particularly relevant for technology-related agreements
2. Non-Competition: Restrictions on competitive activities, used when confidential information could give competitive advantage
3. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for business relationships
4. Intellectual Property Rights: Clarification of IP ownership and rights, particularly important for R&D or technology-related NDAs
5. Force Majeure: Provisions for unforeseen circumstances affecting compliance, particularly relevant in long-term NDAs
6. Data Privacy Compliance: Specific provisions relating to personal data protection under Indonesian law, necessary when confidential information includes personal data
7. Assignment and Modification: Rules regarding transfer of rights and agreement modification, important for corporate transactions
1. Schedule 1 - Description of 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 security measures and protocols to be followed, if required
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