The NDA Agreement For App Development is essential when engaging in mobile or web application development projects in Indonesia, whether with external developers, agencies, or internal teams. This document is crucial for protecting proprietary information, technical specifications, source code, and business strategies during the development process. It is structured in accordance with Indonesian law, particularly the Civil Code and Law No. 11 of 2008 on Electronic Information and Transactions, ensuring enforceability in Indonesian courts. The agreement is particularly relevant in today's digital economy where app development often involves sharing sensitive technical and business information with multiple parties. It includes specific provisions for protecting various types of confidential information, from technical specifications to business processes, and outlines clear obligations for handling and securing such information.
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1. Parties: Identification of the disclosing party (typically the app owner/company) and receiving party (developer/development team)
2. Background: Context of the app development project and need for confidentiality
3. Definitions: Key terms including 'Confidential Information', 'App Development Project', 'Technical Specifications', 'Source Code', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of app development
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with team members and subcontractors
7. Security Measures: Specific technical and organizational measures required to protect confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information after project completion or termination
9. Term and Survival: Duration of the agreement and surviving obligations
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Source Code Protection: Additional provisions specifically for protecting source code - include when the app development involves unique proprietary code
2. Third Party Disclosure: Specific provisions for sharing with third-party vendors or contractors - include when external parties will be involved
3. Data Privacy Compliance: Specific provisions for handling personal data - include when the app will process user personal data
4. Non-Solicitation: Provisions preventing poaching of employees - include when working with development companies rather than individuals
5. Intellectual Property Rights: Detailed IP provisions - include when the development involves creation of new IP beyond the standard app development
6. Exit Management: Detailed procedures for project transition - include for complex, long-term development projects
1. Schedule 1 - Project Scope: Detailed description of the app development project scope and technical specifications
2. Schedule 2 - Security Protocol: Specific security measures and protocols to be followed
3. Schedule 3 - Authorized Personnel: List of authorized personnel who will have access to confidential information
4. Schedule 4 - Data Handling Procedures: Detailed procedures for handling different types of confidential information
5. Appendix A - Confidentiality Acknowledgment Form: Form to be signed by individual team members acknowledging confidentiality obligations
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