This Mutual Non Circumvention Non Disclosure Agreement (NCNDA) is designed for use in business transactions where parties need to protect both confidential information and business relationships under Indonesian law. It is particularly relevant for preliminary business discussions, potential partnerships, or negotiations where sensitive information needs to be shared. The document complies with Indonesian regulations, including the Civil Code and Trade Secrets Law, while incorporating international best practices. It provides comprehensive protection against both unauthorized disclosure of confidential information and circumvention of business relationships, making it suitable for both domestic and international business dealings within Indonesian jurisdiction.
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1. Parties: Identification of all parties entering into the agreement, including their full legal names, addresses, and company registration details
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Circumvention', 'Affiliated Parties', and other relevant terms
4. Confidentiality Obligations: Detailed provisions regarding the protection, use, and non-disclosure of confidential information
5. Non-Circumvention Obligations: Provisions preventing parties from bypassing each other in business dealings and protecting business relationships
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 measures 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 conditions for termination
10. Survival: Obligations that continue after termination of the agreement
11. Remedies: Legal remedies available in case of breach, including injunctive relief and damages
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and choice of forum for dispute resolution
13. General Provisions: Standard clauses including amendments, notices, severability, and entire agreement
1. Electronic Communications: Optional section for agreements where parties primarily communicate electronically, specifying rules for electronic notifications and signatures
2. Intellectual Property Rights: Additional section when shared information includes IP rights, patents, or proprietary technology
3. Data Protection: Required when personal data will be shared, addressing compliance with Indonesian data protection regulations
4. Non-Solicitation: Optional provision preventing parties from soliciting each other's employees or clients
5. Geographic Scope: Optional section defining territorial limits of the agreement when business activities are geographically restricted
6. Alternative Dispute Resolution: Optional section specifying mediation or arbitration procedures before court litigation
7. Language: Optional clause when agreement is drafted in multiple languages, specifying which version prevails
1. Schedule 1 - Authorized Representatives: List of authorized personnel who may receive or handle confidential information
2. Schedule 2 - Specific Confidential Information: Detailed categorization of confidential information covered by the agreement
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Appendix A - Disclosure Log: Template for recording all instances of authorized disclosure of confidential information
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Real Estate
Energy
Mining
Healthcare
Retail
E-commerce
Telecommunications
Professional Services
Construction
Agriculture
Pharmaceutical
Education
Transportation
Logistics
Relevant Teams
Legal
Business Development
Executive Leadership
Operations
Finance
Procurement
Research & Development
Strategy
Sales
Corporate Affairs
Information Technology
Mergers & Acquisitions
Commercial
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Chief Financial Officer
Legal Counsel
Corporate Secretary
Operations Director
Project Manager
Investment Manager
Partnership Manager
Procurement Manager
Research and Development Director
Technology Officer
Strategy Director
Sales Director
Commercial Manager
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