The Individual Confidentiality Agreement serves as a crucial legal instrument for protecting a company's confidential information when shared with individual recipients in Indonesia. This document is essential when individuals, whether employees, contractors, or consultants, require access to sensitive business information, trade secrets, or proprietary data. The agreement must comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets and the recent Personal Data Protection Law (Law No. 27 of 2022). It should be used before granting access to confidential information and typically includes detailed provisions about information handling, security measures, and consequences of breach. The agreement's scope can be customized based on the nature of the confidential information and the recipient's role while maintaining enforceability under Indonesian law.
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1. Parties: Identification of the disclosing party (typically the company) and receiving party (the individual)
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
7. Security Measures: Specific measures required to protect confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant when confidential information includes IP
2. Data Protection Compliance: Specific obligations regarding personal data protection, necessary when confidential information includes personal data
3. Non-Competition: Restrictions on competitive activities, included when there's a specific need to protect market position
4. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for individuals with access to sensitive relationship information
5. Electronic Information Handling: Specific provisions for digital information security, important when confidential information is primarily electronic
6. International Transfer of Information: Provisions governing cross-border transfer of information, necessary for international contexts
1. Schedule 1: Description of Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2: Authorized Purpose: Detailed description of the permitted uses of the confidential information
3. Schedule 3: Security Protocols: Specific security measures and protocols to be followed
4. Appendix A: Acknowledgment Form: Form for the receiving party to acknowledge receipt of specific confidential information
5. Appendix B: Return/Destruction Certificate: Template certificate for confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Retail
Telecommunications
Research & Development
Energy
Mining
Education
Construction
Pharmaceutical
Media & Entertainment
Automotive
Agriculture
Food & Beverage
Relevant Teams
Legal
Human Resources
Information Technology
Research & Development
Finance
Operations
Product Development
Marketing
Sales
Business Development
Executive Leadership
Quality Assurance
Data Analytics
Customer Service
Administrative Support
Relevant Roles
Chief Executive Officer
Department Director
Project Manager
Research Scientist
Software Developer
Financial Analyst
Human Resources Manager
Legal Counsel
Business Development Manager
Technical Consultant
Product Manager
Marketing Specialist
Data Analyst
Systems Administrator
Quality Assurance Engineer
Operations Manager
External Consultant
Intern
Contractor
Temporary Staff
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