This Simple Mutual NDA is designed for use in Indonesia when two parties need to exchange confidential information while ensuring mutual protection under Indonesian law. It is particularly relevant for business negotiations, joint ventures, service arrangements, or any situation requiring bilateral information sharing. The document complies with Indonesian legal requirements, including the Civil Code (KUH Perdata) and Law No. 30 of 2000 on Trade Secrets, while remaining accessible to both domestic and international parties. It provides comprehensive protection for various types of confidential information, including business plans, technical data, customer information, and trade secrets, while establishing clear obligations and remedies for both parties.
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1. Parties: Identification of all parties entering into the NDA, including their full legal names, addresses, and company registration numbers if applicable
2. Background: Brief context explaining why the parties are entering into the NDA and the purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Confidential Period'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core obligations regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Termination: Duration of the agreement and conditions for termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution
10. Execution: Signature blocks and execution details compliant with Indonesian law requirements
1. Intellectual Property Rights: Additional provisions clarifying that the NDA does not transfer any IP rights, useful when the confidential information includes patents, trademarks, or other IP
2. Data Protection: Specific provisions regarding personal data protection, necessary when confidential information includes personal data
3. Non-Solicitation: Provisions preventing parties from soliciting each other's employees or clients, useful in business contexts where this is a concern
4. Specific Security Measures: Detailed security protocols for handling confidential information, important for technical or highly sensitive information
5. Force Majeure: Provisions addressing circumstances beyond parties' control, particularly relevant in long-term NDAs
6. Language Requirements: Provisions regarding dual-language requirements and prevailing language, necessary when one party requires documentation in Indonesian
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Specific Types of Confidential Information: Detailed categorization of confidential information specific to the arrangement
3. Schedule 3 - Security Protocols: Specific procedures and requirements for handling confidential information, if needed
4. Appendix A - Form of Acknowledgment: Template for additional parties or representatives to acknowledge and agree to the NDA terms
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