The Proprietary Information Agreement is essential for businesses and individuals operating in Indonesia who need to protect confidential information during business relationships, negotiations, or collaborations. It is designed to comply with Indonesian legal requirements, particularly Law No. 30 of 2000 on Trade Secrets and Law No. 27 of 2022 on Personal Data Protection. This document is commonly used before entering into detailed business discussions, during due diligence processes, or when engaging with contractors, consultants, or potential business partners. The agreement typically covers trade secrets, proprietary technology, business methods, customer data, and other confidential information that provides competitive advantage. It includes specific provisions required under Indonesian law for enforcement and remedies in case of breach.
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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 the parties, and purpose of sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Authorized Personnel', and other relevant terms in accordance with Indonesian legal definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, aligned with Law No. 30 of 2000 on Trade Secrets
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use and Disclosure: Specifies authorized uses of confidential information and circumstances under which disclosure is permitted
7. Security Measures: Required security measures for protecting confidential information, including both physical and electronic safeguards
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Data Protection Compliance: Required when confidential information includes personal data subject to Law No. 27 of 2022 on Personal Data Protection
2. Electronic Information Handling: Specific provisions when confidential information is primarily shared electronically, addressing EIT Law requirements
3. Third Party Disclosure: Required when there is a need to share information with affiliated companies or professional advisors
4. Export Control: Needed when confidential information may be subject to international transfer restrictions
5. Intellectual Property Rights: Required when confidential information includes patents, copyrights, or other IP rights
6. Non-Solicitation: Optional protection against hiring or soliciting employees who have access to confidential information
7. Competing Activities: Restrictions on competing activities, ensuring compliance with Law No. 5 of 1999 on Anti-Monopoly
1. Schedule 1 - Designated Confidential Information: Detailed list or categories of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Appendix A - Information Handling Procedures: Step-by-step procedures for handling, storing, and destroying confidential information
5. Appendix B - Notification Templates: Standard forms for various notifications required under the agreement
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